Saswatabanerjee
Partner - Risk Management
Riteshmaity
Labour Law Advocate

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Anonymous
Hi - I am based in Delhi-NCR location. Worked for a BPO. I am basically having issues to get my relieving letter post 3.5 years in the organization. I am in the middle management and was asked to leave for a small mistake which was basically a wrong decision taken. My immediate reportee was caught punching the access card for his colleague . The next day my reporter informed the about the incident to which I basically called them and gave a very stern feedback the only mistake which happened from my end that I did not report it to my superior. The incident later was known to the higher management and as per them I was also equally involved . I gave my detailed explanation on a written paper post the notice was issued to me. The management took the decision and I was asked to leave. I gave a proper resignation on the last day mentioning personal reason. Now the organization is denying to give me my relieving letter and I was not even given a copy of my resignation. Can you please advice how should I go about getting my relieving / experience letter. I have spoken with the HR team and the higher management and requested them to issue me a letter however as per them the policy says that they do not provide any document in ATL case under integrity.
From India, Gurgaon
Anonymous
Also can you suggest that should I file a petition in the delhi labour court
From India, Gurgaon
If possible resend the resignation letter through speed/ registered post adding a line that you have already submitted your resignation on ..... which was received by the management but now you are sending the hard copy of the same. In the same resignation letter request to clear all dues and issue relieving and experience letter so that you can peacefully move on.

However, if you look from legal point of view, the entire incident deviate from the procedure of labour laws. First of all, company cannot ask anyone to leave (it is like asking someone to die). Either an employee resigns voluntarily or the company terminates him. In your case none happened. I also think the punishment (ask to leave) is not proportionate to misconduct (not informing the superior).

But if you are happy to move on and just require the relieving letter, then follow the instructions given in first para. If the company does not reply within reasonable time or fails to give your relieving letter, then you can decide on the next course of action.

From India, Kolkata
Dear Brother,
These type of HR practices, we face often in our daily life. The HR usually ask the concern to leave the job because he/she have no option left rather to terminate/suspend the employee. And for your information, no HR wants to spoil anybodies career or to keep bad record in one's personal file.
It seems the Co. lost faith and confidence on you, so its better to resign on personal ground, move forward and settle this matter amicably.
You can always resort to legal remedy for obtaining your rightful claim (F&F, PF, Release letter, Experience letter), but please make it is the last option.
Before-hand you can send hard copy registered post to the HR and CC to the management, but only asking for the rightful claim mentioning a TAT and make sure in that letter you do not mention an iota of the facts about the 'punching-card' or related matter.

From India, Kolkata
Large BPOs do follow a zero tolerance on integrity issues. And knowingly allowing an employee to give fake attendance is a very serious issue. So its pretty obvious that they would ask you to leave.

You say you gave your resignation on the last day. So does that mean you left without notice ? Or did you offer to serve the notice but they asked you not to ? And was it documented ?

As per law, no company can deny a service certificate to an employee who has left, even ones without notice. There is no concept of a relieving letter. The service certificate needs to state what work you did and the period of service. They are free to write about the incident before your resignation, but they have to issue a service certificate. In effect, they have to give you a relieving letter, albite it can be in a manner that makes it useless for you (you cant show a relieving letter to the new employer that states you were removed for integrity issues)

You can go and file a compliant with the inspector under the shop and establishment act. He will probably be able to get you a relieving letter. However, do follow the procedure that Ritesh and Pradeep have given.

From India, Mumbai
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