Facing Termination After Resignation: How Can I Secure My Relieving Letter?

I am working at an NBFC company and submitted my resignation on 12 Aug 2023. During the notice period, the company issued a show-cause notice on 25 Sep 2023. I appropriately replied to the show-cause notice, stating that the problems mentioned were not accepted, in a letter sent via mail on 26 Sep 2023. Following no further inquiry, the notice period was completed on 10 Oct 2023. Subsequently, the company issued a termination letter on 31 Oct 2023. I am in need of my relieving letter and would appreciate a solution to this matter.

I have filed a complaint with the labor welfare office regarding this issue. In the show-cause notice, it was mentioned that I did not go to GRT to any member while I was at work, and the response was required within 48 hours. I sent an email on 26 Sep 2023 denying this and stating that I personally visited the member and completed the GRT. No inquiry was conducted with me. Subsequently, in the dismissal letter dated 31.10.2023, it was stated that on 26 Sep 2023, the company was conducting an investigation against me and that I had written a letter admitting to the alleged misconduct. When I inquired with the company, the HR department manager stated that I have been formally dismissed.

Sir, GRT is responsible for informing about the company, including interest rates and terms, before granting loans to members. Once I conduct the GRT, the person behind me will review it and proceed with providing loans to members. I waived my relief letter from 25.11.2023. However, after two months at the labor welfare office, they informed me that I am not eligible to receive the relief letter. They advised me to approach the labor court, where they would provide me with a letter. Consequently, I have initiated legal proceedings in the Labor Court. This situation has prevented me from securing employment in any company as I have been labeled as "dismissed" in the EQUIFAX PORTAL. As a result, I am facing challenges in finding new employment. I am questioning whether it is accurate that the company terminated my employment after I completed the 60-day notice period.

Withholding of Relieving Letter Due to Serious Misconduct

In the case of serious misconduct, the company can withhold the relieving letter. Normally, when an employee completes the required notice period, they will be relieved and a letter issued. However, when there is disciplinary action, the relieving becomes a formality only, pending an inquiry. In your case, since you were found to have been involved in an offense, such as dereliction of duty, your relieving letter can be put on hold until the inquiry is ongoing. However, the bank management dismissed you without conducting an inquiry, which can be challenged. Suppose the bank had issued a relieving letter, and it mentioned that you have been dismissed; what value would the letter add to your career? Therefore, the relieving letter has no significance as long as the termination is challenged and it is proven that you were innocent. Then they will have to change the status from 'dismissed' to 'resigned.'

Legal Recourse and Court Proceedings

Since the matter has been referred to the Labour Court, you will have to wait. If you were not given opportunities to prove your innocence other than a show-cause notice, the court will remand it back to the labor officer and direct them to see whether the procedures required before an employee is terminated were followed. During this process, the bank may settle the issue by changing the status. Wait for that.

Sir/Madam,

There is a difference between a termination letter and a Relieving Letter. A Termination Letter is given in reference to a disciplinary action, while a Relieving Letter is provided when the company relieves the employee. Termination is treated as a punishment.

Thank you!

Contents of Communication Leading to Termination

What are the contents of your communication based on which the employer has terminated you? The question is whether that email could be taken as unequivocal acceptance of the wrongdoing!