Labour Law & Hr Consultant
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I am working in an microfinance institution for 4 months i have given resignation here and switching to a pvt bank i am in probation period as per the terms and condition in my offere letter i am serving notice period but hr department said that as you are not a confirmed employee u will not get relieving or experience letter kindly siggest me what should i do. In this next employer said that relieving letter is mandatory i don't know what should i do in this?
From India, Indore
The view of the HR Department is not correct. In an organisation, any formal employment requires the phases of applying for the job, selection and appointment. Normally, appointment for entry level posts will always be provisional till the satisfactory completion of the period of probation as mentioned in the appointment orders or the relevant service conditions in this behalf. Therefore termination of employment during or after probation brought about by the employee by formal resignation or by the employer certainly requires formal orders setting forth the reason.
From India, Salem
Dear sir as per the hr manual of my company it is clearly stated that employee will get relieving letter after serving notice period all policies are applicable to trainee and confirmed both but inspite of this they are doing this. According to MFIN guideline ( mfin -an organization which regulates all microfinance institution) it is must to give relieving letter to employee who has served notice period and who has no dues pending of the organization inspite of it they are doing this kindly suggest me sir what should i do it is the matter of my career and i am very much concerned about it
From India, Indore

It is not right what your company is doing. It is time for you now to communicate the new employer about the situation. If you have kept a copy of resignation letter/mailed resignation copy and if signed by forwarding official ie your immediate superior, go along with that paper and meet the Head-HR and explain him about this. You can deposit photostat copy of your ID proof of the company as an evidence of your joining as ID card will be taken back by company on the last day. You submit salary slips, bank statement , PF and Insurance cards / forms whatever you have here to make new company believe what is said is right and previous company has been wrong by not providing a relieving letter. I think, HR of new company will make a note in advance and you will be permitted/ allowed to join. For your information, many companies are not bothered whether relieving letter is there or not , but they are very clear and focused on value system , truthfulness based on evidences but against this there are many companies who do not practice graceful separation of employees exiting from the company even until employee retires also.So go and meet as suggested with details and documents related to current employment. Best wishes,

RDS Yadav

From India, Delhi
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