Recruitment/talent Acquisition, Career Counselling
Private Consultant On Labour Laws
28th March 2014 From India, Mumbai
28th March 2014 From India, Hyderabad
It much depends on the language used in the letter of resignation and whether the notice period is confirming the requirement of the Appointment letter or the terms of contract, which contains the service conditions.If you have mentioned in your resignation letter that I may be relieved by such & such date and your resignation has been accepted by the employer and they have issued letter of acceptance of resignation as you have mentioned, then even in they don't issue any relieving letter, it should not bother you.You can produce the your letter of resignation and the acceptance letter of the resignation before your new employer. As regards experience certificate is concerned, you can produce your appointment letter plus other documents mentioned in the preceding para, which can count your no.of your years of experience.You explain the whole circumstances and the reasons of non- production of relieving letter to your new employer.I am hopeful that he will surely allow you to join his company.
Wish you all the best for your new assignment.
Member since Aug 2011
29th March 2014 From India, Mumbai
#AnonymousHi everyone, I repeat the entire problem, I have managed to get acceptance of resignation letter from previous company and it is saying that it should suffice the requirement of relieving letter. However the new company has said clearly that they require only relieving letter may be a week after joining also. But old company does not have good intentions and wants to frustrate me. What should I do ?? I am not getting any convincing answer as what should I do and can I be in problem if old company denies relieving letter and will going legal way solve this problem ??
30th March 2014 From India, Mumbai
Can you pl mention the FULL Letter that was given to you by your Present Company--minus the Company & other details?
Like BS Kalsi mentioned, wordings matter a lot in such situations. While the Words 'Relieving Letter' & 'Experience Letter' are the standard ones used, some Companies also have other terminologies in use.
Pl mention the FULL CONTENT w/o the Company name & the members should be able to guide you better.
Another thing--you mentioned "old company does not have good intentions and wants to frustrate me". Do you have any reasons to say this OR just saying as you are not getting this Letter? You response to this aspect too could have a bearing to any solution.
I am not sure how you got the impression that going legal will solve this problem.
All the Best.
30th March 2014 From India, Hyderabad
I have already mentioned that resignation acceptance letter and relieving letter is not one and same. They are different. I have posted
\my this view towards a query received by another member.
Resignation acceptance lettter is just an acknowledgement letter from Department Head/HR Head that your resignation letter
is received by the company.This can be received by you on the date of commencement of your notice period. But relieving order
is issued by the company, This is a written order from the management that you are relieved on -- (date) at closing hours of business
from all the duties/responsibilities assigned to you by the management. This will, normally, be issued, after completing all your
separation formalities, submission of No-dues certificates, from all departments of company, to HR /Admn deptt.
Even iif you received resignation acceptance letter, please insist on relieving order and service certificate.
R K Nair
1st April 2014 From India, Aizawl
The demand of new company for reliving letter is out of ignorance of law. Once your resignation is accepted your employee - employer relationship gets over. Acceptance of resignation itself means you are relived from employment. No law provides for separate reliving letter. As per Model Standing Orders now you can only demand employment Certificate and nothing else.
Sameer Paranjape, Advocate
Labour Law Consultant, Pune
4th April 2014 From India, Pune
As you have clarified in your subsequent mail that you have managed to get acceptance of resignation letter from previous company and he is saying that it should suffice the requirement of relieving letter. Since the new company has give you the option for joining their company and produce the relieving letter within a week after joining.In my opinion you should not waste your time in stressing yourself in the matter of the relieving letter rather join them.I think that one week time is sufficient to develop mutual relations and show your talent in your performance.It is possible that they may not insist or forget about the relieving letter.
member since Aug 2011
4th April 2014 From India, Mumbai
I am not in a position to fully agree with your view point. Acceptance of resignation does not, always, mean that an employee is relieved from
employment. Your view is 100% correct, if the employee concerned is a probationer (Undergoing probation period)
But for a confirmed permanent employee the case is different. For A senior management personnel, who, as per his terms of employment
if required to give three months'notice period, he will get resignation acceptance letter (if he desires to work during his notice period), immediately
after submitting his letter of resignation. He will get his relieving order, after three months only.
R K Nair
4th April 2014 From India, Aizawl