Releving letter not received - working only 3 month (provisional period)

Tanmoy banerjee
Dear Sir/Madam,

I am an ex-employee of XYZ Bank. Due to my mother's illness, I was halted in Kolkata for the month of November 2022 and was not able to join the bank. I had already informed my senior authority via email. Additionally, I submitted my resignation through email to HR and senior authorities. However, in the interim, they sent a letter stating that I had taken leave without any prior information. Following this, I also sent an email.

I received a termination letter citing absconding as voluntary abandonment of service due to an extended period of leave without prior intimation.

They have not provided me with a relieving letter, stating that I had only worked for 3 months during the probationary period.

Could you please advise me on how I can obtain a relieving letter?
vmlakshminarayanan
Hi,

Sorry to hear about your situation.

You took a one-month leave and then emailed your resignation, subsequently receiving termination.

A few questions:

If your leave requirement was for one month, could you have asked for a break-in-service without pay?

Even if you were not in a position to continue, you should have served the notice period or requested pay in lieu of the notice period.

Simply emailing a resignation letter and expecting the employer to issue a relieving letter does not make sense.

As an employee of a bank, you would have been entrusted with certain responsibilities. How would the employer manage if you suddenly chose not to continue?

Now, the only option is to request proper relieving from the bank by paying money in lieu of notice. Alternatively, you can present your mother's medical documents to support your case as genuine.
Tanmoy banerjee
1. There was so much non-justifiable pressure. I want to resign from this job. In the meantime, my mother's health issue came up, and I took 4 days of leave. After that, I sent an email stating that I am unable to continue the job to HR, the branch manager, and my senior head.

2. I am mentioning all the things that I could not serve the notice period due to my mother being a heart patient, and I am the only son. I am also willing to pay any amount in that regard.

3. I have only been with the company for 2 months. Is it the right way to communicate with an employee that you are not permanent and could be let go at any time? Is that the appropriate way to speak to an employee who has been here for just 2 months?

I have a valid reason and have provided proper documentation.

I have also received a termination letter. Can I request a relieving letter?
vmlakshminarayanan
Hi,

It looks like some conflict already exists between you and your employer, and your employer has taken advantage of the situation. It seems that some heated arguments have already taken place.

Now, the option before you is this:

If the period of employment was very short and no PF was deducted, then forget what happened and remove this experience from your profile. However, if PF deduction was made, a future employer might discover it through the UAN, and in case of a background check, your employer may provide negative feedback.

Instead of focusing on who is right or wrong, seek an amicable solution for the betterment of your future. If you plan to pursue legal action, your employer will likely defend against it easily. Please consider your options carefully.
Tanmoy banerjee
Period is short but PF deducted for 2 months so that the UAN shows that. Also, one of the new employers conducted a BGV and received a negative report.

What is the legal procedure? Should I contact my HR in this regard? If they fully deny giving my relieving letter, what is the next process? How could I get this?

In between, I removed my experience from my profile, but the UAN still shows that. I am facing so much difficulty for just two months that I worked before in another NBFC since 2013. I have all the relieving documents from my previous organization. Kindly help me to get out of this situation.
vmlakshminarayanan
Hi,

My sincere suggestion is to go for compromise. You may receive different suggestions from other members, but through mutual discussion, arrive at some solution. For the employer, they will go to any extent to safeguard their interests, but as an individual, to what level will you be able to spend time and money? So, just think about it.
Tanmoy banerjee
Sir, thank you for your great suggestion. Ok, I will discuss with my HR that they will kindly give the document as a humanity.
vmlakshminarayanan
Hi,

Yes, approach them with a positive mindset.

Wish you good luck! Take care!
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