I was working for a large software MNC in Chennai and was with the company for almost 6 years. Recently, I was terminated not because of my performance, any monetary issues, or any sexual harassment, but for some other not-so-great reason. The HR had called for a meeting and they said that they would not issue a relieving letter since I am being terminated, but they would provide an experience letter. I did not realize the difference between a relieving letter and an experience letter, and I just agreed since they were willing to give me an experience letter. They also mentioned that they would not disclose any information about me being terminated to my future employers.

The problem has arisen now as my new company, that I am about to join, is requesting my relieving letter and experience letter from my previous organization. I am in a dilemma as I don't have my relieving letter but only my experience letter. Can any HR personnel guide me on this? I would be very grateful if anyone could be empathetic and provide me with an answer.

Regards.

From India, Bangalore
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I read your post in detail and could not make out the reason for your termination. I think you need to write about the incident in more detail for someone to help you with more specifics. A company is bound to give you a relieving letter based on what is considered a permissible mistake as per their organizational policy. They are obligated to provide you with a relieving letter if you have been asked to leave due to any petty reasons.

Also, the reason for your termination will be captured in the company's database. Many organizations even provide a resignation acceptance letter or email acceptance of your resignation. This is sufficient to join companies where they are not particular about the relieving letter. In case you can disclose more details, that would help people to give you more ways of approaching your current scenario.

Regards,

From India, Bangalore
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Well, the violation that I committed was of Severity 3, as indicated by HR. However, that issue is now in the past, and I am unable to go back and request a relieving letter. Could you please advise me on the appropriate way to inform my future employer about the unavailability of my relieving letter? Alternatively, would an experience letter suffice?

Regards,
Murthy.

From India, Bangalore
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I think there is one thing you could do at this point in time. Try and see if your employer can send an email which says your resignation was accepted, or else you will have to show your previous experience only and forget about your experience with that MNC.

All process-related companies would ask for a relieving letter, and an email about your resignation acceptance from the last company would help in that case. If there is any company willing to look at your experience without a relieving letter, that is good.

I think you need to at least request your company for any proof which would say your resignation was accepted.

If you encounter a worst-case scenario, then you should look at some business options like running a consulting firm or anything that would interest and entice you.

A manager whom I know in a previous company was sacked due to sexual harassment, and he was given a bad reference during employment with other MNCs. He moved into a new business after that.

Hope the info will be of some help to you.

More importantly, don't lose your cool and try to accept whatever happened in case there is no going back; it's for the good. Look at more options openly when you are good to go.

Thanks,

From India, Bangalore
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Thanks for your replies. One thing I do not understand is that the relieving letter is given to the employee, stating that the employee has been relieved on such and such a date to help them join immediately with the new employer in cases where a company is yet to complete FFS and issue the experience letter. But to show genuineness, doesn't an experience letter hold good? My manager, including the practice head, is ready to give a positive opinion (which is very much true) about me to the future employer. I can't think of any other business as I have been in IT for the past 16 years. Worried as I am the sole breadwinner in my family.
From India, Bangalore
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Understanding the Importance of a Relieving Letter

Well, there is a problem of dual employment if companies don't possess a relieving letter. Dual employment is an offense. Your previous company can sue your new company. You probably have to tell companies that you quit due to personal reasons and had to leave the job on short notice without collecting the relieving letter promptly.

Checking Your Experience Letter

Also, please check if your experience letter includes the dates you worked with your previous company. For example, if the experience letter states that you were an employee from 12th April 2008 to 12th November 2011, then it is sufficient proof of your relieving. Some companies may still insist on a relieving letter.

Hope for the best. Good luck.

Thanks,

From India, Bangalore
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As suggested by Mr. Kamesh Prabhu, if the experience certificate contains the joining and relieving dates, then it is more than enough. In most companies, they don't issue the resignation acceptance and relieving letter.

Please talk to your HOD and HR of your previous company and inform them that if anyone from the new company asks for clarification about the relieving letter, they should mention that they do not have the practice because they are confirming that you left on positive terms and are ready to provide positive feedback. Once you have confirmed with your previous employer, inform your current or new employer that they do not follow this practice and consider the matter closed.

Regards,
Kamesh

From India, Hyderabad
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Mr. Prabhu has very rightly pointed out that the company wants to ensure the employees are working for them solely, and hence a relieving letter is demanded.

In my opinion, you can inform the new company that you left due to personal reasons; nevertheless, that has nothing to do with your performance. You can provide your previous HR's number to them. You may speak to your previous HR about the issue, and as you mentioned, they hold a good image of you and won't disclose your termination, so they will be ready to speak and clarify.

All the best!

Regards,
Vaishalee Parkhi

From India, Pune
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Don't be demanding, be convincing. Speak to them politely and ask for their help in this matter as the company management wants you to quit and their work has been done. Go ahead and revisit the management and handle it delicately.

Remember one thing, no matter if you have left the company or the company leaves you for any reason, and if you have served your notice period as per the clause in the appointment or offer letter, you should receive your experience and relieving letter.

Lastly, talk to the grievance department or the head of HR, follow the protocol, and explain to them the need for the letter for joining a new company, forgetting whatever happened in the past, and let you start a new life without any errors.

Regards,
Rohit Patil

From India, Mumbai
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I am facing the same problem as you. I got terminated for Severity 3. I have a job offer, but they are asking for a relieving and experience letter. How did you manage to get a job? What problems did you face? Is there any advice you can give me, please? I am the only earning member of my family, and I have worked in this company for 6.5 years.

Please let me know.

Thanks

From India, Mumbai
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Can you please tell me what you did and how you got the job? I am in the same situation. I worked for an MNC for 7 years and got terminated for Severity 3. I have an offer in hand, but they are asking for a relieving letter. It's very difficult to find a job, and I am the only earning member of my family with a loan on me. Regards.
From India, Mumbai
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I am working in the company for more than 1 year now. I have given the notice period to leave the company for 2 months. However, my company is torturing me not to leave. They are also not providing my salary and experience certificate. What should I do? Please suggest me.
From India
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Anonymous
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Issuing a Relieving Letter: A Basic Right

In any case, an employee must be issued a relieving letter. It is part of respecting a human being's basic right to work for a living. If the employee has committed a criminal offense, the matter should be reported to the police. We all know that HR and company management are not always to be compared to 'saints,' and employees are not exempt from this either. If an employee is not acceptable to the organization, help him/her to exit (if he/she is not willing, terminate him/her). An organization, not being free from virtues or vices, is not the highest authority to judge a person. Let the facts be taken in such a way instead of engaging in a cheap power play. Denying the employee a relieving letter (once the dues are cleared) is a crime against humanity and a violation of the basic right for future employability, as dual work is illegal, and there will not be any takers for him/her!

In many cases, it is an unfair practice by organizations and HR to act like con men to deny employees compensation benefits and satisfy management ego. This is often done when they are sure that the employee will leave for another job.

You can find an advocate and approach the labor court for the damages you have incurred.

Regards.

From India, Bengaluru
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