Cite Contribution
Community Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
9871103011
Private Consultant On Labour Laws
Kknair
Hr, Ir, Law, Disc. Matters
Venkatraghavanm
Ir, Er, Payroll, Recruitment,
+2 Others

Hi all,

I would expect genuine answer from HR's,as am not aware what is the exact rules in my case.

I worked in one of MNC 2yrs back,I had to leave the company due to maternity critical issues.when this has been decided.i directly approached my then management informed my situation but they insisted me to serve notice period which is not possible with my new born kid .so I said the same and submitted all my belongings to the company and left without serving the notice.after few days I got a letter from Hr stating that am absconding,by then immediately I called HR named in the letter and explained my situation, and I was informed that it is just a formality u can talk with your manager,so by following the instruction again I sent a mail from my personal Id staing my resignation but my resignation was not accepted by my management...but due to my new life time went on.

Later,a year I cleared all my dues towards company..I mean the compensation for not serving notice period.now I met HR for requesting relieving letter as my family needs my support(also I shifted to other state after my maternity)..they refused by saying that my case is under absconding so they are not ready to issue...even I done all the possibilities during the time leaving and also cleared all my dues.even am ready give medical certificate.I requested them to consider my case as the reason is genuine..still nobody is helping me in my previous company...(but management shows no objection for letter now.,but HR is not considering me).am struggling to join in new companies whether they would take me without the letter.even if they issue they would issue only job abandonment letter it seems which will not help me anyways...kindly advise.thanks in advance.

From India
Please issue a letter to them requesting them for the experience certificate . State every details about the clearance process and the financial settlement. Thank them for the support from your ex-reporting leaders and the HR Team. Mention how critical your condition was, which is why you had to leave the job, abruptly. Keep it courteous .
State a date within which they need to revert. If there is no response from them, it remains a declaration from your side. Submit this as an exit document while applying for the next job.

From India, Mumbai
Thanks for your super fast response. As suggested, I have already sent a similar kind of email to the head of H.R, India for which there hasn't been any response. Are you saying that this email can be submitted in lieu to the relieving letter? Will this email confirmation be accepted by MNC companies? I understand that this is a difficult question to answer however I do not want the MNC's to reject me at the end because of this. Please suggest me further ideas on obtaining the relieving letter / joining a new concern with my current status. Thanks again for your speedy response.
From India
Dear Sun, From the brief description, it is not clear whether you had applied for leave on medical grounds when you had maternity related problems. Also it is not clear whether you were in advanced stage of pregnancy , as covered under the Act? The Maternity Benefit Act 1961 gives protection to women employees. Section 12 of the Act stipulates that a woman employee cannot be dismissed or discharged on account of her absence from duty caused by preganany. Similarly Section 10 of the Act says that for illness arising from pregnancy one month leave is to be provided. So I would suggest you to check up these provisions and see their applicability in your case. As suggested by (Cite Contribution) while giving a comprehensive account of your case, you can point out the above legal provisions too and seek a solution to the issues you have raised.
KK

From India, Bhopal
It is not known how you have paid the dues for not serving the notice period. If it is made by cash, whether there was any receipt for the same. If by cheque, pl get confirmation from your Bank Pass Book Entry, whether the cheque payment has been debited to the employer's account. In such case please mention these details in your letter to the company.
It is suggested that always any communication should be done through Registered Post with Acknowledgement Due, which is legally binding on the person who has received the letter in the Company. Even if there was any phone call or by E-Mail, it should be followed up by a confirmatory letter.
In this case it is suggested that if there was any acknowledgement for receipt of payment from the Company, enclose the same along with your letter by RPAD.
M.Venkatraghavan

From India, Selam
Mr. Venkat,
Thanks for looking into my subject. With ref to your reply, I have the proof of acknowledgement via email for clearing the dues with the company. I have cited the same in my email to Head HR, but still no response even after a follow up email. Since this is an Global MNC can I approach the superiors of India HR as a humanity request. My company headquartered in the US. I very badly need the relieving letter, pls suggest me some ideas. Thanks
Sun

From India
Mr.knair,
I applied for maternity leave for next 5 months and went for my delivery (9th month) ,at the time the leave expires I informed the manager about my situation and left the job. My concern is like when I informed everything to My reporting manager ,still they considered me as absconded .only formal exit has not happened but all other submission I finished.During exit my manager closed the case by tagging under absconding bcos he need to close .

From India
Dear Sun,

I have gone through your mail and find that instead of approaching the Seniors Member now for a solution, if you could have approached at that point of time, the things would not have taken the shape of complications.You have had a wrong start for which you yourself is responsible.It seems that when you approached the management with your problem, you were advised by the management to serve a notice period,which you could have done easily.It was very preposition that after serving the notice period, they would have ask you to serve the company for the notice period or else deposit the amount calculated for the notice period,which you could have doneat that time, which you have done now. This exercise would have saved you from the agony you have been undergoing now.Since you have left without following the norms of your appointment letter or the standing orders of the company, they have rightly declared you an absconder in items of their standing orders.Since you have claimed that you have sent your resignation on your personal ID and secondly you have deposited the notice period amount, the management should have closed the matter and have issued you the clearance certificate as well as experience certificate,but probably the management has grudge against you for not following the norms of the company and letting them down by leaving the company abruptly.Since at no point of time you have applied for the maternity leave, though you claimed to have been suffering from maternity critical issues,as such you cannot take the shelter of Section 12 of the Maternity Benefit Act 1961as mentioned by KK.

You have not mentioned anything about your position or rank in the company as such I am unable to suggest you to approach the appropriate Labour Authorities.You please check the same or else send a lawyer's notice giving all the sequences of your actions, which I hope may bring some result. Another way is that you tell the entire story to your new management taking them into confidence and tell them not to insist for the relieving or experience letter but you have to assure them that you will not repeat the mistakes, which you have done in the earlier company.

BS Kalsi

Member since Aug 2011

From India, Mumbai
Dear Kalsi,
Thank you for looking into my case. A few points which i may have missed to inform
* Firstly I had applied for my maternity leave with the company at the right time, due to complications in my child birth I was not in a position to rejoin the company. Hence I had requested for immediate relieving. This was denied by the company, I was in a desperate situation to take care of my son, so dint bother about the letter at that time.
* I worked as a senior process associate (BPO sector) part of supply chain division
Should I seek a legal approach or take the matter to the senior officials?
Your guidance and support is highly appreciated.
Regards,
Sun

From India
Dear Sun, I would suggest that you make a comprehensive reference citing the full facts to the Indian BPO with copy to its principals mentioing that the maternity benefits have been denied to you and there is a clear cut violation of the provisions of the Act. Since you had applied for maternity leave, there cannot be any presumption that you have absconded. If there is no satisfying response, then you can approach the labour authorities. Violation of the provisions of the Maternity Benefits Act is very serious and you would be able to get some relief. After all you are asking only for a proper experience cum relieving order. .KK
From India, Bhopal

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