Struggling with Relieving Letter Issues: How Can I Resolve This HR Dilemma?

Hi, this is Yadu. Right now, I am going through a big problem because of my relieving letter. Actually, this is my second company. I resigned from my previous company in September 2013. As per my understanding, I had to serve a one-month notice period, but according to my previous company's policy, it's two months, which I was not aware of. I resigned from my first company and managed to join my present company by serving a one-month notice. After joining my new company, I received my relieving letter stating that I was relieved on 19th November 2013, which in turn affects my present company where I joined on 3rd October 2013.

In 2013, my present company's HR accepted my explanation about the miscommunication regarding my notice period. Unfortunately, he got transferred to another branch. After serving one year in my present company, the same issue of relieving popped up with the new HR. My new HR wants me to submit a new relieving letter with corrected dates, but my previous company is not ready to do it. In this situation, I am receiving daily warning calls from my HR due to the relieving letter. Kindly help me to solve this problem. Please, please, please.

Regards,
Yadu

Dual Employment and Relieving Letter Issue

How could HR ignore this? It falls under dual employment. Also, how did your previous company issue you a relieving letter stating your relieving date as 19th Nov '13? They could mention that as per the offer letter, the relieving date should be 19th Nov, but the actual relieving date was in October '13 as the employee served just a 30-day notice. Both are wrong to some extent. Do you have your corresponding emails and communication details? Sit with the proofs you have and talk on reality grounds. Let's see what seniors have to say!

Notice Period Compliance and Relieving Letter Issues

As per the Madras High Court in the Shaw Wallace Ltd. case decided on 13th January 1999, the notice period must comply with the Shops and Establishments Act, despite any agreement to the contrary. This regulation governs the field until overruled and is generally 30 days. Therefore, instruct your former employer to revise your relieving letter to comply with the Act's provisions, which you had followed.

If they fail to do so, approach the inspector by submitting a representation. If the inspector does not take action, resort to the Right to Information (RTI) Act, 2005, by inquiring about the steps taken to ensure compliance with the law regarding relieving and settlement of employees' dues, as it is their duty under the Act. If this approach also yields no results, escalate the matter to their higher authorities.

Hi Yadu, your previous company can't say that they can't issue the revised relieving letter. As per my understanding, your relieving letter should have the actual date of resignation and the Last Working Day (LWD).

My suggestion is to meet your previous company's HR directly and ask them to provide proof (like attendance entry or your signature somewhere after your LWD) which they have post your LWD. Also, provide the proof you have that shows your LWD, such as your resignation acceptance email or letter copy. This may help you get a corrected relieving letter.

Regards,
Manikkavasagan R

Proof of Last Working Day for PF Deduction

If your last company deducted PF, there should be proof of your last working day. In your withdrawal form, your last working day should be mentioned. Also, in Form 3A, you can easily prove it because your employer cannot deposit your PF contribution after you leave the organization. Submit these copies to your new HR.

The attendance records and PF withdrawal forms should have the last date of working. This date should match with the relieving letter date. Please get it corrected from the HR Department at the earliest. This is as per statutory norms.

Regards,
Deepak Vasudevan.

Managing Post-Resignation Issues

My husband resigned from his company on 31st December 2014 after completing a 2-month notice period. He has taken every step to hand over and categorize his pending work so that it can be followed up after he leaves the organization. Even then, the organization is giving him trouble.

• His 3-month salary was put on hold, even though the notice period is 2 months.
• He was told that the settlement amount (3 months' salary) and relieving letter will be released on January 10th.
• Today, his manager is calling him and asking him to update some register. This register is just a handwritten copy of the details of an Excel sheet. My husband has updated it till November and handed it over to his colleague since November 6th, who failed to maintain the register.

The problem is, my husband has already joined a new office today. His old manager is saying that only he should complete the register, not his colleague. Only then, it seems they will release the settlement amount and the relieving letter.

What can he do to manage this situation? Asking permission to leave early from his new office on the first day itself will not be a good sign.

As mentioned by others, your previous employer should issue you a revised letter. It is as simple as that because, no matter what the notice period duration was, the relieving letter should have the last working day as the date of relieving. I am surprised that both HRs are not extending a helping hand, or maybe you did not try approaching them. Either visit your previous HR or explain this case to the new HR and ask him/her to help you out. Also, once the matter is resolved, ensure that all your documents are corrected in your current employer's records.

Regards,
Kiran

First of all, there is a provision for a notice period of not less than 30 days, but it is flexible as per the mutual interest of the employee and employer.

I am sorry to say, but you have created this mess on your own as you took the relieving documents for granted for the last year and never bothered to get them corrected with your previous employer in a timely manner. There may be a good relationship with your current organization's HR, but policies are not meant to be a subject of mockery based solely on your relationship.

Anyways, again, apologies for my harsh words. Let me suggest some solutions now:

Steps to Resolve the Relieving Letter Issue

If the contract of your previous employment (appointment letter) clearly indicates that there is a notice period of 60 days, have you received the F&F amount after adjustment against not serving your balanced notice period?

If yes, then you have full rights to ask them for a correction in the relieving letter.

If not, ask them if you are ready to deposit the amount in lieu of the penalty imposed for not serving the extra 30 days' notice period and correct your relieving letter.

If both don't work, you are free to seek legal consultation.

But I suggest the best way is to deal on a soft ground and ask for a midway solution from your previous employer itself. (I hope you still have a cordial relationship with them.)

Provision for Detachment from Employment under Shop & Establishment Act

19. Discharge of employee by his employer. —(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall be discharged from service by his employer except on the ground that—

(a) the post held by him has been retrenched; or

(b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health, and he has been served with a notice in writing containing the grounds of discharge. The notice shall be for a period of not less than thirty days, or such longer period as may be required under the terms of employment:

Provided that the notice of discharge may be of a shorter period if the same is accompanied with payment of wages to the employee for the number of days the notice is short of the required period.

Regards,
Manish Gupta
Lucknow

Clarification on Joining and Relieving Process

Your joining is proper. You can be relieved on or before the notice period. Moreover, when your previous employer relieved you, then no questions arise.

Here are a few pieces of information that seem to be hidden in your mail/post:

a. The date of relieving you had asked for in your resignation letter.
b. The tentative relieving date mentioned in the acceptance of your resignation letter.
c. Any contact details regarding communication with your previous company after joining the current one.
d. The notice period terms specified in your appointment letter from the previous company.

Kindly provide answers to these queries so that I can offer you a solution.

Regards

If the notice period is two months and you have served one month, the previous employer has the right to deduct one month's basic salary from the full & final settlement. However, they cannot mention the relieving date beyond the last working day because you are physically unavailable in the previous company.

On the other hand, after one year, there is no justification to ask for the relieving letter or disturb the employee. Once the employee has been permitted and joined the organization, there is no reason to change the previous company's relieving letter.

If the case is still not resolved, please go to the nearest DLO or an advocate for the same.

Regards,
Dr. Santosh Acharya