a876
I paid all dues to my past company. I was given a relieving letter and a service certificate. The relieving letter says that "The management has accepted your resignation without prejudice to recover all outstanding dues if any, and you are relieved from the services of the company at the close of work on Xth Dec,20XX." Is this ok?

PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Drsivaglobalhr
Doctor Siva Global Hr
+1 Other

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a876
Some additional information:
I also have a Full and Final settlement mail from the company stating my pending dues to be paid. I paid them through NEFT and sent them payment details in a reply mail. They did NOT acknowledge the receipt of payment but after that they gave me the relieving letter and service certificate. The service certificate is ok, but the relieving letter states that "management has accepted your resignation without prejudice to recover all outstanding dues, if any and you are relieved" . Also I have to say that the company has the process of giving relieving and services certificates first, and may take some months after that to process Full and Final Settlement. So, is this relieving letter ok and acceptable in other companies? (This is my first working company so i'm not experienced in these terms. I'm currently on a break to study for entrance exams).


umakanthan53
5943

Dear friend,

Basically, a relieving letter should contain the name of the employee, his designation , the circumstance or reason and the date on which the employee is relieved.

If the relieving letter prescribes any condition like the one mentioned in the post, it shows poor drafting as well as over cautiousness.

Logically a resignation can be accepted subject to certain reasonable conditions like serving of notice period in full, proper handing over of the charge, returning of all the assets of the employer entrusted to with the employee in connection with the job, clearing of all dues etc. When the employer takes his own time to disburse the F&F settlement, how can he issue a conditional relieving letter for relieving the employee from the organization? Strictly speaking, a relieving order or letter indicates the final stroke of separation by putting a mutual end to the contract of employment.

However, if your prospective employer has a legal bent of mind and understanding of the essentials of a relieving letter, I don't think he'll have any objection. Even otherwise, you have the bank records for the transactions in this regard. Perhaps, your previous employer will provide the particulars of receipt in the statement of F&F settlement. If not insist on a separate receipt.

From India, Salem
jayant-nisal1
Dear friend,
All over the parctice is to give relieving letter first
& then after checking from accounts if no dues from your side the
company is giving service certificate with all your detais.
Thanks
Jayant nisal

7875757963

From India, Pune
drsivaglobalhr
300

Dear Colleague,
This is the normal wording the employers mention in the relieving letter with abundant caution to recover if any outstanding dues that are coming to surface after an employee is left the services. Hence it is a general practice of the Industry. If no dues are payable then no worry. Keep your side clear and try to get "No Dues Clearance Certificate" from them if you desired so. Normally companies relieve employees only upon checking No dues status. You may opt for it for your records.
Take Care
Dr P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai

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