Lavika Yadav
Manager-hr
Gobarchand
Zonal Hr, New Delhi
Abhay_011
Professor
Vasudevdeepak
Assistant Manager Hr
Santoshacharya
Warehouse Management, Stores Management,
Sushilkluthra@gmail.com
Consultant In Legal Matters
Malikjs
Gm (hr)
Yadubhai
Salesofficer
Uglytruth
Software Engineer
+4 Others

Thread Started by #yadubhai

hi this yadu, right now am through a big problem bcoz of my reliving letter. Actually this is my 2nd company i have resigned my previous company on sep 2013 as per me i have to serve 1 month but according to my previous company policy its 2 months which i was not aware. I resigned my 1st company & managed to join in my present company by serving 1 month notice. After joining in my new company i received my reliving letter stating that am i have relived on 19 Nov 2013. which i turn effecting my present company where i have joined on 3 oct 2013. In 2013 my present company HR accepted me with my explanation abt miss communication abt my notice period. To my bad luck he got transferred to another branch. After serving 1 year in my present company again the same issue of reliving poped up with new HR. My new Hr wants me to submit new reliving letter with corrected dates. But my previous company not ready to do it. In this situation am getting daily warning calls from my HR bcoz reliving letter. Kindly help me to solve this problem. plz plz plz
6th January 2015 From India,
How a HR could ignore this..As it comes under dual employement.And How did your previous company issued u a relieving letter stating your relieving date 19th Nov'13.
They could mention that as per offer letter relieving date should be 19 Nov but actual relieving date was in october'13 as the employee has served just 30 days notice.
Both are wrong to some extent.Do u have your corresponding mails and communocations details.
Sit with the proofs u have and talk on reality grounds.
Let see what seniors have to say !!!
6th January 2015 From India, Mohali
As per Madras HC in Shaw Wallace ltd case decided on 13.1.1999, notice period has to be as per Shops and Establishment Act despite agreement is contrary to it. It governs the field till overruled. It is generally 30 days.Thus tell your past employer to revise his relieving letter by complying with the Act provisions which you had complied. In case they do not do, then approach the inspector under the by giving a representation. Still if inspector does not do, then resort under RTI Act, 2005 by asking what steps he has taken to get the relieving as per law by because under the Act it is his duty to ensure relieving and settlement of dues of employees.If this also does not get the results approach his higher authorities.
6th January 2015 From India, New Delhi
In continuation of above note, it may be pointed out that under section 2(f) of the RTI Act, 2005 information can be sought from a private body if it can be accessed by a public authority.
6th January 2015 From India, New Delhi
dear
i donot understand why HR is asking after 1 year.they should have asked it before joining and if you feel your performance is OK than tralk you your boss and tell him that HR is unnecessorily disturbing your peace.it is not a matter to be taken so seriously.
Regards
js malik
7th January 2015 From India, Delhi
Hi Yadu,
Your previous company cant say that they cant issue the revised relieving letter. as per me your relieving letter should have real date of resignation and the LWD.
My Suggestion is meet your previous company HR directly and ask them to provide the proff(Like attendance entry, your signature at somewhere after your LWD) which they have post your LWD. And provide the proff you have that shows your LWD like your resignation acceptance mail (or) letter copy.
it may help you to get corrected releving letter.
Regards,
Manikkavasagan R
7th January 2015 From India
If your last company deduct PF , there should be a prove of last working day......In your withdrawal from , your last working day is mentioned...also in from 3A you can easily prove it...because your employer can never deposit your PF contribution after you leave the organisation.....submit these copy to your New HR....
7th January 2015 From India, Kolkata
Hi Yadhu,
The attendance records and PF withdrawal forms should have the last date of working. This date should match with the relieving letter date. Please get it corrected from the HR Department at the earliest. This is as per statutory norms.
Regards,
Deepak Vasudevan.
7th January 2015 From India, Ernakulam
Mr. Sushil K Luthra is absolutely right.
It is indeed a pleasure to note that members and experts that are clear are posting their valuable advice in threads at CiteHR and are making contributions.
There are many judgments by court of law........
A precisely similar query has been discussed by me at following link:
http://www.lawyersclubindia.com/forum/Dual-employment-please-advice-114460.asp#.VK40TcuUcqM
You can pick up the relevant points.
NO private policy/rule/agreement drafted/crafted by employer can supersede ,overrule, prevail upon an Act/Instrument of Law/...................
Falsification of record (that apparently is done by HR) is offence and this too is stated in Shops and Commercial Establishments Act.............................
You may not hesitate to approach an able Labor Law Consultant/Service matters lawyer if the need be.....
8th January 2015 From India, Chandigarh
Thanks Mr.Ddoaba for concurring with the approach I tried to introduce within legal framework to come to rescue to those who cannot fight mighty financially. In similar questions on this site, I have elaborated further how to pursue further to obtain reliefs.
8th January 2015 From India, New Delhi
Hi.. My husband resigned from his company on 31st dec 2014 after completing 2 months of notice period. He has taken every steps to handover and categorise his pending work, so that it can be followed up after he leaves the organisation. Even then, the organisation is giving him troubles.
1. His 3 months salary was put on hold, even thought the notice period is 2 months.
2. Told that the settlement amount (3 months salary) and relieving letter will be released on Jan 10th.
3. Today his manager is calling him and asking him to update some register. This register is just a hand written copy of the details of an excel sheet. My husband has updated it till November, and handed over it to his colleague since Nov 6th, who failed to maintain the register.
The problem is, my hubby has already joined a new office today. His old manager is saying that only he should complete the register, not his colleague. Only then it seems they will release the settlement amount and the relieving letter.

What can he do to manage this situation? Asking permission to leave early from his new office on the first day itself will not be a good sign.
9th January 2015 From India,
I feel legal recourse be taken if the employer is bent upon not to relieve your husband. Now since only tail is left, endure it by giving some hard reason to new employer.
9th January 2015 From India, New Delhi
Hi,
As mentioned by others your previous employer should be issuing you a revised letter. It is as simple as that because no matter what was the notice period duration relieving letter should have the last working day as the date of relieving. I am surprised at this thing that both HR's are not extending a helping hand. Or may be you did not try approaching them. Either visit your previous HR or explain this case to new HR and ask him/her to help you out. Also once the matter is resolved ensure that all your documents are corrected in current employers records
Regards
Kiran
12th January 2015 From India, Mumbai
Dear Yadu,

First of all, there is a provision of notice period not less than 30 days but flexible as per mutual interest of employee & employer.

I am sorry to say but you have created this mess by your own as you took the relieving docs for granted for last one year & never bothered to get it corrected with your previous employer just-in-time. There may be a good relationship with your current organization's HR but policies are not meant to be a subject of mockery on the ground of your relationship only.

Anyways, again apology for my harsh words, Let me suggest you some solutions now :

If the contract of your previous employment (Appointment letter) clearly indicates that there is a notice period of 60 days, have you received the F&F amount after adjustment against not serving your balanced notice period??

If yes then you have full rights to ask them for correction in RL.

If not, ask them if you are ready to deposit the amount in lieu of penalty imposed for not serving the extra 30 days notice period & correct your RL.

If both din't work you are free to go for legal consultation.

But I suggest, best way is to deal on a soft ground & ask for a mid-way solution from your previous employer itself. ( I hope you still have a cordial relation with them)



Plz find the provision for detachment from employment under Shop & Establishment Act :

19. Discharge of employee by his employer.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that—

(a) the post held by him has been retrenched; or

(b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health, and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment:

Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period.

Rgds,

Manish Gupta

Lucknow
14th January 2015 From India, Ghaziabad
your joining is proper.you can be relived on or before notice period.moreover when your pre.employer relived you.than no question arise.
14th January 2015 From India,
Provision of section 19 of discharge of employee by his employer is not applicable here because in the present case employee is seeking discharge.
14th January 2015 From India, New Delhi
JobEazy.com for your job destination
16th January 2015 From India, Delhi
Share'n'Care for your social life ha aahhaha
16th January 2015 From India, Delhi
#Anonymous
Dear Sir,
we are facing problem since last few month we have bio matric system for attendance ,kindly suggest that still we need to maintain attendace register manually .
employees are avoiding signing on attendance register manually is it any other procedure for avoid manually attendance also we have to maintain leave record manually & in biomatric also.
can we maintain leave record & attendance in only in biomatric register only .
Thanks
Manu
16th January 2015 From India, Indore
Dear Friend,
Here few information are seeing hidden in your mail/post:
a. Date of Relieving you had asked in your resignation letter.
b. Date of tentative relieving of yours mentioned over the acceptance of your resignation letter.
c. Detail of Any contact you have made with your previous co, after joining of current one.
d. Notice period wordings mentioned in your appointment letter of previous co.
Kindly let me know answer of these queries, then only I can tell you the solution.
Rgds

16th January 2015 From India, Mumbai
Dear yadu,
If the notice period is two months and you have served one month, the previous employer has right to deduct the one month basic salary from full & Final settlement.
But they can not mention the reliving date beyond the Last working Day. Because you are physically unavailable in previous company.
On the other hand, after one year there is no justification to ask about the reliving letter and to disturb the employee. If once the employee permitted and joined in the organization, there is no mean to change the previous company relieving letter.
If the case is still not resolved, please go to nearest DLO or an Advocate for the same.
Dr. Santosh Acharya
16th January 2015 From India, Alappuzha
You are welcome Mr.Sushi K Luthra.Please continue. It is indeed required for everyone. A properly informed employee can defend his/her interest. An I’ll informed employee can be exploited.
25th January 2015 From India, Chandigarh
Thanks Mr. Ddoaba for encouraging remarks. As a senior citizen, I have decided to devote my life to the cause of those who intend to seek legal help but do not know the appropriate approach they should follow. Looking for innovative approach as in the present post brings about cheap, speedier and effective remedy to the cause.
Thanks and regards
Sushil
25th January 2015 From India, New Delhi
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