Struggling to Find a Job Without a Relieving Letter: Can Legal Action Help Me?

Hi,

I completed my graduation in March 2005, and I started my career with one of the MNCs in Hyderabad in December 2005. I worked very hard for the company and was recognized as the best performer on the floor many times, as I was in Customer Support. Unfortunately, I was terminated in February 2008 and asked to return my ID. I complied, but HR informed me that they couldn't provide me with a relieving letter due to disciplinary reasons. The incident leading to my termination involved me going outside the office premises for dinner and exceeding break timings. I had explained the situation to the Subject Matter Expert (SME) and Team Leader (TL) on the floor, but the next day, I received a phone call from HR stating my termination.

I had worked sincerely and dedicatedly for 2 years, and since my termination, I have been struggling to find employment due to not having a relieving letter. I have faced rejections from several companies for this reason. I am now experiencing depression and finding it challenging to secure another job without the necessary documentation. I seek guidance on how to obtain my relieving letter. Is there a possibility to pursue legal action in this matter? If so, could someone please advise me on the process?

Please, I request your assistance. Thank you.

Radley K

Go and ask again for the same. Maybe there is some misunderstanding, but it can be cleared. As you mentioned that you were dedicated, that can help.

Hi,

You must persuade the employer and maintain a good understanding until you receive the relieving letter. It is necessary to follow up and explain your hard work to convince them to provide a letter of comfort (relieving letter). You need to convince or persuade them to issue the letter. Ways to achieve this may include approaching the HR person with whom you have a good rapport, or visiting them intermittently to achieve the desired outcome.

KB

Hi Radley,

There is NO rule that if one is terminated due to disciplinary action, the relieving letter should not be issued. It's your right to get that. Whatever the reasons, some companies may be flexible as far as timing is concerned. So it's not that every company will avoid you. Ask them to issue at least a letter stating that you worked there. Be firm and don't leave until you get it. Tell them you are missing BETTER career opportunities because of this.

You know what's the best thing to do? Spit it out - which company is that? Let them know that they can't take TOTAL control of such situations; sometimes even we have the other end of the rope. You never know, someone associated with that company on citehr may be willing to help you.

Take care, don't lose hope.

Dear Radley K,

It's really shameful how these kinds of people dare to call themselves "HR."

Very well said by Mridulika; your company was searching for some reason to terminate you...

I just wanted to confirm, do you have a copy of your offer letter, appointment letter, payslip, and appraisal letter with you?

If you have them, take them as proof of your two years of work.

As per my knowledge, terminating any employee from a company falls under the Standing Order Act. Did you receive a show-cause notice, a charge sheet, or anything of that sort?

For any kind of disciplinary action, there is a fixed procedure. Please bring this to your HR's attention. Send a legal notice to them through a lawyer, or better yet, send it through the local labor court.

I request Malik sir to see this thread and suggest what legal actions can be taken.

And one thing these types of heartless HRs should understand: if recession is an excuse, then it should apply to them as well...

Regards,

Shine

Hi,

It has been clearly and comprehensively pointed out by Mridula and Shine in response to your query. I believe Mr. Malik would be the best senior to guide you. As already suggested, Mr. Malik, please review this post and respond to the member accordingly.

Regards,
KB

Absolutely correct.

When a company wants to terminate you on the basis of disciplinary reasons, most companies have a system of warnings for the 1st and 2nd mistakes, and then it goes to termination. In your case, has that happened? Even if yes, they need to issue a cause notice to you and then terminate you.

You need to ask them to issue your relieving letter or directly send a notice to them with the help of a local lawyer!

Exactly, according to the "Code of Discipline," an organization can't fire any of its employees at their wish and without any prior warning. You better go for some legal actions. And you will definitely win.

Hi,

Find a person in the same company who is close to you and your boss. Tell them about your problem; maybe they can help you.

Take care and good luck! :)

Hey Radley,

I agree with the suggestions from others to approach the management one last time. If they still refuse, you may need to take a firm stance and consider legal action. Employers are obligated to provide a relieving letter to employees who either resign or are terminated. If they issued you an appointment letter, they are required to provide a relieving letter as well. I recommend seeking legal advice and sending a legal notice through the labor court. I know of a similar case where a friend faced a similar situation. When a court notice was served, my friend even filed a defamation case and claimed damages. Eventually, the organization opted for an out-of-court settlement and compensated him. However, you must engage a strong lawyer for this process.

I hope everything works out for you soon.

Regards,
Eashwar

Dear Mr. Radley,

What if there is no relieving letter? You must have the appointment letter and the pay slips. With these, you can get a new job. However, when you are informed about your termination, you should have insisted on a written letter of termination. If the HR is not obliging, you should have approached higher-ups like the MD or the Chairman and complained.

Don't worry, if you have the qualifications and skills, there will always be opportunities. The key is to communicate with the HR departments!

Regards,
rmmurthy

Sir,

Have you contacted your previous employer asking for a relieving certificate? It is your right to receive a service certificate for the service rendered, whatever the reason may be. According to the guidelines provided above, you should approach the concerned HR manager and request them to issue a service certificate.

I hope you will definitely receive your service certificate if your previous employer follows professionalism.

Thanks & Regards,
Vadlamani SR

If a person sends a notice through the local labor court in the case of any illegal termination of an employee, what will be the punishment for the employer?

Radley,

What is the reason for taking disciplinary action against you? Were there any conduct rules in place? Has an inquiry been conducted after serving a charge sheet to you? Only if you are able to provide the details, probably we can suggest some remedies.

Gopan

No matter if you resigned or were laid off, you must have received some communication in writing from your employer, and that should serve your purpose. If your future employer asks for the relieving letter during this recession period, they won't mind if you show this as proof of termination. Hundreds of thousands of people are being fired. No need to worry. Go ahead and search for jobs.

It's pretty sad that during the interview process, companies talk about loyalty, commitment, and other related aspects, questioning you about job changes. However, when it comes to their own behavior, they do the same...

Dear Friend,

I understand your feelings. I have been working as a senior HR professional for many years. You need to submit a written request to them and be humble. Avoid getting into arguments with them.

Professionally, you should write formal letters to them.

I wish you good luck.

Hi, I too faced the same problem from one of my previous companies. After that, I joined XYZ company but did not have my earlier company papers. The best thing is your salary statement. I hope your salary gets credited to any one of the private banks. Request every month's statements and make sure the last month you worked is paid and reflects in the statement. I did the same, and the problem was solved. I hope everyone feels this solution is the right one.

Radhika

Hi Radley,

I understand what you are going through. It might be a little difficult for you to digest the recent happenings, but please do not lose hope. You have great people here helping you out with solutions. Please don't stop visiting your company until you get what is yours. It will require a lot of patience since it might take a couple of visits as well as a lot of waiting.

Keep your TL informed about all your visits and if possible, please take your TL and a couple of your peers along while meeting with the HR's. This will help because the TL can back you up by speaking about your achievements, and your HR's will be reasonable because they never behave the same way with ex-employees and present employees.

Learn multitasking now. Keep applying for other jobs, attending interviews, and visiting your previous employer.

Best of luck,
Nithya.

Dear all,

This is one more issue requesting your views/suggestions to address unpaid salary concerns.

A friend of mine is employed in Hyderabad. The company has not paid the full salary for the past six months to most of the organization's members.

Is there a way to support the employees through forums/legal means?

Please revert.

Regards,

R. Ramachandran

You should contact the respective HR and ask for the relieving letter. However, if you are not able to get the same, just try to obtain an Experience Letter from them stating that you worked with them for 2 years.

Dear Radly,

As per the court of law, companies must provide you with an experience certificate no matter what, but a relieving letter is at the discretion of the company. For any issues of this kind, please draft a complete case history with dates, conversations, names, and designations of the individuals involved. Send an email to the following IDs: [Login to view], [Login to view], [Login to view].

Then, build a case by sending emails to the key individuals of the company requesting the letters while keeping the above email IDs in CC of the email. Keep sending repeated emails with the same mail chain requesting a response. Watch the fun; things will automatically work in favor of what is right and just. Before doing this, check online for the emails I have provided and follow the process.

Thumb rule: If you are honest in your allegations, only then will you be helped for sure. All the best.

Regards,
Raj

Hi Friend,

Either the company should issue you the termination letter or relieving letter. The company is at risk if they are not doing it. You can claim your employment in that company, and they will be forced to give you the compensation. You can also approach the local labor officer and make all the communication in written format.

Benson Mendez
Cochin

[QUOTE=brajeshbolia;719097]

Visit Google and search for an organization ICRPC who will support you in getting compensation and damage charges against the company. They charge Rs 250 for annual membership. That's all, and they help you speak your voice against injustice. It worked for me.

Do not spare those guys in HR and ask for a substantial amount as compensation for mental harassment.

Hi All,

To the writer of this thread: Why have you been sitting and doing nothing on this matter for such a long time, my friend?

A relieving letter is your right, not something for which you have to beg these guys for!

Moreover, a company just cannot 'terminate' an employee on a whim; there are certain legal procedures for initiating a termination, like conducting an inquiry into the matter by a specially formed panel, issuing a show-cause notice, etc.

I personally have not come across a single company till now that has 'terminated' any employee, even in cases which have really demanded a termination in the true sense of the word. They simply ask the employee to resign. This is because any professionally managed company knows that there are a lot of hassles involved in 'termination' (in the true sense of the word).

You may file a case against this grossly unprofessional company with your regional Labour Commissioner, and, as rightly advised by Brajesh (in the above post), ask for a huge compensation for being mentally harassed for such a long time; not simply for your relieving letter.

Moreover, get a copy of the Labour Court's award to explain the gap in your career when you get another job somewhere.

You will win this case, so do not waste any further time.

Regards,
Brandon