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

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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
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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 !!!
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.
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.
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
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
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....
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.
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.....
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.
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