Struggling to Get a Relieving Letter from My Old Job – Should I Take Legal Action?

Dear Sir/Madam,

This is Anil Gadher from Jamnagar, Gujarat. I am facing a problem with my previous employer. I had joined Indiabulls Securities Ltd on 19th February 2007. After the closure of many branches of securities all over India, I was transferred to Indiabulls Housing Finance Ltd with the same designation and salary package. I left this job on 1st October 2007 without notice. I have already sent the Employee Clearance Form. I have been trying to obtain a relieving letter for the past month, but nobody is responding. I am scheduled to join one of the largest private banks on 10th January, and they require a relieving letter. I have explained my situation to the new employer (Bank), but they have stated that a relieving letter is mandatory.

I seek your advice on whether I should pursue legal action or if there is a law that can assist me in this matter. I am willing to pay any penalty, but I require the relieving letter.

Please help me!

Gadher Anil
Mobile: 9879522189

My dear friend,

Approach your past employer, talk to them, and they will help you. Explain your requirements to your ex-boss. Legal recourse in this case won't be of much help. If you approach the court this month, they will take up the case after 5 years. Will the bank consider your situation at that time??

Don't get worked up. Stay calm. Go and meet your ex-employers. They will assist you.

Siva

Hi Anil,

Regarding your concern, before I suggest something, I would like to know if you left without serving the notice period and if you paid for it or if you simply left without informing. Do you have a copy of the resignation letter accepted by your previous employer?

Thanks and Regards,
Indrani Chakraborty

Dear Sir,

Thank you for responding. Actually, I have talked with the Area Sales Manager of Indiabulls Housing Finance Ltd (Ahmedabad) but did not receive a satisfactory reply. Now, I do not know to whom I should talk. I have also sent emails to the helpdesk for assistance but have not received a specific response.

Please let me know if you need any further information.

Thank you.

Dear Sir,

Actually, I was working in the Liability Sector at Indiabulls Securities Ltd, and then I was transferred to the Loan department. In my branch, there is only one person, the Team Leader, who is handling the branch. I was responsible to the Team Leader (Loans - Jamnagar Branch), and he is directly responsible to the Area Sales Manager in Ahmedabad.

My joining date was 19th Feb 2007, and I left the job on 1st Oct 2007. I have a resignation acceptance letter dated 3rd Oct 2007 from the Team Leader (Jamnagar Branch) with his signature and the stamp of Indiabulls Housing Finance Ltd.

Will this information be sufficient for my new employer? Please reply.

Thank you

Hi Anil,

I also think it should work. This time, you have to talk to your prospective employer politely and request him/her to accept this document.

Thanks and Regards,
Indrani Chakraborty

Dear Sir,

I have sent details to your email address. One of the people working at Indiabulls Securities Ltd in Ahmedabad is trying to help me obtain a Relieving Letter by leveraging his connections with Indiabulls Housing Finance Ltd. I may learn about the status regarding the Relieving Letter with his assistance, but I am unsure if he will be successful. Therefore, I am exploring every available resource that I come across.

Thank you

Dear Sir,

I have already received an Appointment Letter from a Private Bank with a very good salary package and designation. I have also consulted with the HR Department of the Bank in Ahmedabad. However, I was informed that a Relieving Letter is mandatory. A person from the HR department told me that I need to make an effort to obtain the Relieving Letter.

Sir, I also have a question: If I fail to obtain the Relieving Letter, what actions can the new employer (Bank) take? Can they terminate my services with the bank even after I have joined? Is there any way to resolve this issue?

With regards,
Anil

Hello Anil,

I am Vishwa Sehgal, the Head of Human Resources for an international BPO. I understand your situation. You should simply apologize for not informing them before leaving; this reason should suffice for the company to withhold your relieving documents.

You should directly communicate with the HR of your previous organization. If they are uncooperative, legally you may not be entitled to any relieving documents. Provide a concrete reason for your departure based on humane grounds. Leaving without notice is viewed as absconding, and the HR department will have arguments to delay issuing your relieving documents. Initiate a polite conversation with HR initially. If you do not receive the relieving letter, your current company may terminate your employment. Therefore, the relieving letter becomes crucial for your continuity.

Feel free to contact me at 9967573663 or email me at vishwasehgal@gmail.com for any queries.

Take care.

Dear Anil,

I would suggest that you do as Mr. Sehgal said. Please speak to the concerned HR and try to get the relieving letter as that's the key to your further career and new assignments. Apologize for leaving without notice, and if you haven't served any notice period, please pay the same and get the relieving letter.

One more thing, I would caution you not to involve yourself in any measures like signing the relieving letter on your own or producing a fake one, as one of our friends had suggested, because that might get you into serious trouble and it's hard to resolve it further from there. Legal actions might even be taken against you. So, do it ethically and obtain your relieving letter. All the best for your efforts and success.

Regards,
Raghu

Hi Anil,

As you mentioned that you have submitted your resignation acceptance from your previous employer and have also presented it to your potential employer, your joining with the new company should not be affected as you have proof that you are not currently employed elsewhere. In terms of any outstanding dues, the new employer may require additional proof to ensure no issues arise.

If you are certain that you do not have any pending dues and have resigned properly (paid any shortfall in the notice period, if applicable) from your previous employer, then you can suggest to your new employer to conduct a background verification to confirm your status. I believe they will take this matter seriously.

In the meantime, attempt to contact the previous HR department to address any concerns or send an email to your HR Head detailing the raised issues.

Best of luck,

Haider
haider_abbas@mail2indian.com

Dear Anil,

I was going through your chain of emails and understood the issue well.

Many organizations have a policy in place like 'Background Check' where they conduct a background check of the new joiners based on the documents submitted by individuals. This includes reference checks from the last two companies where you worked, verification of the period you worked, your salary, reporting structure, and reasons for leaving. It may be the case with your new employer, which could be why they are asking for a relieving letter.

You can personally meet the person who appointed you in your new organization and explain the situation in detail. Mention that you have certain documents to submit, such as your appointment letter, confirmation letter, any increment letter, and your resignation letter (if you have an accepted copy of the resignation by your supervisor). Clarifying this issue before joining would be beneficial to avoid any difficulties later on. Carry a request letter outlining everything during the meeting and submit it to them.

I hope this advice helps you.

With your previous organization, meet the current HR Head and request that they deduct your notice pay as per the contract and provide you with a relieving letter.

Regards,

Shobha

Dear Mr. Anil,

I really feel sorry for the current situation you are facing now. As you had rightly taken a decision of leaving a sinking ship, but the only mistake you had committed is not informing them prior or well in advance.

As a legal man, I do not find any major crime you had committed here. Because out of 100, mostly 70% act like you, because of the fear of repercussion from the then employer.

As per the Indian constitution, you have the right to work in any profession of your choice and anywhere in India within the legal framework of the constitution.

No one can bind you under a labor contract that attracts the bonded labor act.

The only problem is if you are owing any financial commitment to your previous management or have any disciplinary action pending, then getting a relieving letter from your last serviced company is difficult, and the prospect of joining a new assignment is also difficult.

If your career with the last company is clear and without any problems, simply not giving a leaving notice is not a crime. You can send an open letter to your past employer's HR Department, with a copy to your new HR Head, stating the circumstances which warranted you to leave the job abruptly. Now, you have a good chance in a new assignment and requesting them to send a relieving letter within 15 days. Failing which, you will understand that their silence will be taken as their consent.

You can face the new HR head boldly and explain your case. But please remember, there are numerous jobs available for an intelligent, honest, and bold person. Failing in one entry will not be the end of the road. Be cheerful.

Regards,

P.V. Ethirajulu

Email: v.ethirajulu@rediffmail.com

Anil,

Mark an email of resignation with the CC to your ID and BCC to the new employer. Many companies will accept this. Complete the resignation and other formalities from your previous company. You should always state the facts clearly with your boss and never leave without the exit formalities. If you have to compensate as per the rules of your previous company, just do it and move forward.

While posting, just remember never to put the names of the companies or persons involved in public. Take care and face it bravely; you are not the only one to do this.

Sandeep_sable@rediffmail.com

Just remember that Indiabulls also has members on this site.

Don't give suggestions like this in a public community site.

Individual IDs may be used for confidential notes and posting!

Sandeep Sable

Dear Anil,

Sorry to see another colleague from IBulls facing a similar problem. I am also one of the "sikar" of IBulls. They are really the worst employer in the country, and they do such things deliberately. I worked with them in 2005, and each one of us faced some problem while leaving. In fact, there were many articles written against the company in those days, but the company didn't change and, in fact, worsened. I tell you, those of my friends who opted to stay back even after we left were first promoted to motivate them, and immediately in the third month, they were demoted, with the only reason being no increase in sales. In fact, their sales were high enough that each one of them was earning at least Rs 50,000 as incentive.

In my case, I left them giving a proper notice, but to my surprise, my salary was deducted. When I inquired with Anita Nagpal, the Director of HR, she said that it was deducted due to improper serving of notice. When I said I sent the notice to Mr. Vipul Sharma, the Zone Sales head at that time, I was told that it should not have been sent to him but rather to HR at IBulls. I said that I was informed by the sales head himself to send the resignation to him only, and he would send it to HR in Delhi. She said then it's not her problem.

My NCFM certificates are still with them, and even after numerous verbal and written correspondences, I have not received them or any answer to that.

As far as your problem is concerned, let me tell you, dear Anil, a relieving letter is something required to be given by the company, not by you. Still, go to the labor department and ask them that you have already left IBulls but have not received the required documents. They will follow up and get a receipt of your complaint, which will be useful for your next employer.

Regards

Mr. Sandeep,

If there are members from Ibull on this site, they must know the fact. If they have done something wrong, they need to face it. In fact, they should get a print of such an article and show it to their bosses, which will be an eye-opener for them.

Thank you.