Company Not Giving Relieving Letter - CiteHR
Umakanthan53
Labour Law & Hr Consultant

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hi

i was working with an Ltd company in mumbai. due to some family issues i had to take leave and was unable to attend office. i informed my reporting managers through mobile message saying i will rejoin very soon as i am out of my family issues and took time for 15 days.

the HR directly emailed to my company id saying to report office immediately as i was having access of my company emails configured on my mobile. i replied saying i will join in a week time . and simultaneously email them and reporting manager about my resignaton and serving the three months notice period after resuming office.

the next day company de-activated my email id and no answer to my email. i resumed office after 15 days with an explanation letter to HR /reporting manager but they accepted the letter and asked me to wait for one week as senior manager was out of country. i followed up and emailed from my personal gmail id to them about my rejoining but the HR replied saying to handover the id card and handover all company documents and sheets next day.

i went and returned Identity card and handed over all assets and inventory items and documents . the company later took six months to give Exit clearance to give me but they didnt give me relieving letter but service letter that too till date from i took leaves and blamed me of absconding. i was unable to search for job without these relieving letter and after six months i got a job .

i was jobless for 6 months . can i file case in labour court for compensation and obtaining formal relieving letter.

Your exit story has two episodes - the first one relating to your alleged unauthorised absence coupled with the follow-up action taken by the management and the second one relating to your resignation that culminated in your exit after a lapse of six months.

About the first one, you took leave of absence due to family problems for about 15 days without prior sanction. The immediate response of the management was directing you to report for duty forthwith on some reason or other to which you responded saying that you would be joining in a week's time. In the meanwhile, what prompted you to send a simultaneous mail also informing your resignation and compliance of serving the 3 months notice period is not mentioned in your post.

The subsequent events mentioned in the third and fourth paras of your post indicate that the management has already decided that you are an absconder treating your proposed resignation only as a smart ploy to avoid dismissal on the ground of abscondence and took six months to give you exit clearance. There is no mention about disciplinary proceedings, if any initiated in this regard and also about the acceptance or otherwise of the resignation submitted. From your post, I am quite unable to infer whether your exit is as a result of acceptance of your resignation or discharge simpliciter or dismissal.If it is mere discharge on the ground of the imputation of abscondence, it can not be dischage simpliciter. If it is dismissal, it has to be preceded by a full-fledged disciplinary proceedings.In case of belated acceptance of resignation, you ought to have been permitted to serve the notice period as proposed in your resignation letter.

Your redress mode depends upon the fact whether you were a workman/person employed or otherwise.

Dear Mr. Carizen123,
Greetings .....
The first thing first, LEAVE though has legal sanctity to Employees and is a privilege offered but use of leave should always have concurrence and prior approval of the Employer. Therefore, proceeding on leave without prior approval as said is surely is misconduct but is not a "major misconduct" that warrants TERMINATION of services. Also, you have other documents in support yours is not a case of absconding or abandoning services.
I feel you have enough material to initiate a legal process but, think twice before doing so as you have submitted your papers already and everything from your Employer is verbal. A better approach thus would be to communicate directly with your Management and get a relieving letter.
Regards,

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