Stuck Without Proof: How Can I Move On Without My Relieving Letter?

Dear Sirs, I was given an offer letter for 6.0 lakhs per annum, and the Managing Director of that company promised to give me the appointment letter after a week of joining. However, even after seven months, he did not do so. I worked as a Production Manager there, averaging 18 hours per day without a weekly day off for seven months. When one of his relatives was ready to join that position, he started showing signs towards me. Finally, I quit that company after the seventh-month salary.

The Issues are:

- My relieving letter has not yet been given.
- I do not have any proof of salary.
- I do not even have an appointment letter.

However, my new company is very clear in stating that they can only provide me with an appointment letter after receiving the relieving letter from the previous employer.

Can any of you give me suggestions on how to overcome this problem?

I welcome you to CiteHR.com! Accept my sympathies; yours is a typical example of how certain small companies operate, just a shade better than the "fly-by-night" companies. Please have patience; our experts will come out shortly with suggestions on what you can or should do under the circumstances.

Warm regards.

Please see inline comments and then the last paragraph.

Finally, kindly note:

1. Your case is NOT covered under any Labour Law looking at your position and responsibilities.
2. This matter is a civil matter, and the remedy, if at all, will be under civil law-Indian Contracts Act where:
3. Under civil law, for a contract to become ENFORCEABLE at law, THREE conditions must exist: Offer (which is present in your case), Acceptance (which is absent in your case), and Consideration (which is also present in your case). However, for want of acceptance, there is NO "Contract" in the eyes of the law and therefore no enforceability under this law.
4. I am NOT trained in law. You should, despite what I have said, consult a good, honest, and competent Lawyer who practices in civil matters and be advised by an expert in legal matters.
5. But in our country, the process of law is so SLOW, especially for civil matters, it NORMALLY takes many years to get justice/a decision. Only the lawyers get rich at your costs (nothing against them or their profession. They earn for their competence and their environment.) It's the system that hurts you the most in litigation of any kind!
6. In my personal and professional opinion, you should CLOSE this episode as a bad dream and concentrate on your future. With all future potential employers, do mention this episode but without anger, venom, and frustration. Just keep making a statement of fact without emotions. I assure you that all employers are NOT unethical. The one you met, unfortunately, was a bad sheep!
7. Do not waste your time brooding over the event. Put it behind you and do not let it contaminate your future! After if this employer treated you in a very unprofessional manner, do not ever forget you have acted naively also! It is not wrong to trust people, but it is obligatory for each one of us to ensure and insist that all observances, especially in formal relationships, are complied with before the relationship commences. However, with your experience with such an employer, you have to share blame also, and that is why it is best, in my opinion, to put the matter behind you, learn a valuable lesson, and work for a brighter future, even if it takes some time (that would be the cost you will be paying for your mistake!)

I am being objective in this advice and am afraid it may create hurt. But to set your sights straight is also a help!

Be confident, look to the future, and cheer up!

Regards
samvedan
November 22, 2010