Labour Law & Hr Consultant
Embedded Engineer

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I am having some big issues and need your advice, as i lost a big opportunity(mnc job) due to documentation

>>> Background

I am a embedded engineer in india with experiences in 3 startups/small companies. Below are the documents which i have,

1. First Company(1.6 years) - Appointment Letter, Relieving Letter, No Salary Slip

2. Second Company(10 months) - Appointment Letter, No Salary Slip

3. Current Company(1.6 years) - Appointment Letter, Relieving Letter , No Salary Slip

In second company, salary was not being paid in timely manner, my(others) 2 months salary is still pending. My seniors left the company due to some dispute with the management. One day the management(actually the director) called me for the meeting, in the meeting he said that "as there is no technical person except ME, so i(director) am promoting you to senior level, so that we both(myself and director) can start some new projects, with that i(director) will increase your(myself) salary and share the profit with you". I said "sir you dont have money to pay the pending salaries and still your are giving me this offer, i am sorry sir but i wont accept this offer". After this director said me to resign, so i emailed him my resignation and i got a reply: "Noted". After someday i asked him for my relieving letter, he said that i have to sign a NO-DUES form which i didnt because they didnt cleared my pending salary and reimbursements. I got a new job in third company.

>>> Current situation

I applied for a job in mnc, i cleared all rounds then in final round hr asked me about the above documents and i said that "i dont have relieving letter of my second company and current company does not provide salary slip", hr said that "they cannot offer me until i submit all the required documents".

Now i went to my second company to get the relieving letter, but unfortunately company got closed. I asked hr whether bank statements(this is to prove that i was working with that company and the company exists at that time) and emailed relieving with acknowledgement email is sufficient, he said OK. I forwarded all the documents which i have to the hr. I got the offer letter next day, i was very HAPPY.

After 2-3 days, i got the call from hr saying that "they cannot proceed with the next stage (back ground verification) as i don't have relieving of second company, so we are rejecting your candidature". I was shocked, i said to hr that "i submitted the documents after getting confirmation from your side", he said "i know, but i cant do anything, i am following the company policy".

>>> If this is the case then i cannot apply for any mnc job. So how to resolve this relieving letter issue or any alternative to it, please guide me.

Dear Param,

The rationale behind issue of relieving letter by the employer on the normal termination of the contract of employment of an employee such as resignation, retirement, statutory retrenchment or discharge on account of surplusage of employees is to indicate the employee's positive separation once for all from the organization and the total extinction of his employment liabilities.

The absence of such a letter from the previous employer for whatsoever reason, on the contrary, will not validate the employment separation and can lead the prospective employer to take presumptuous inferences of any kind such as ploy for dual employment, abscondence etc. and to reject the candidacy if selected already.

In a real-life situation like the one narrated in the post, to the best of my limited understanding of the problem, a positive solution lies only in the prospective employer's magnanimity, confidence reposed in the candidate and the urgency of hiring him at any cost.

Alternatively, you can issue a legal notice on the previous company and the non-service of the same would be an evidence for its subsequent closure and the available documents with you can serve as proofs of your second employment and experience.

Dear Umakanthan
As you mentioned that absence of relieving letter is treated as fake employment or dual employment by the prospective employers. But i have submitted them my bank statements in have my previous company name as depositor.
Can you put some light on issuing legal notice to the previous employer and also on issuing self affidavit to prospective employers(i found this solution on some websites)

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