Hello Members, I am a software developer with 10 years of experience in the IT industry. At the start of my career, I joined a small company and worked there for 1 year. When I left the company, I did not receive a relieving letter, so my exit was not clean. The conditions they set for me to obtain my relieving letter were nearly impossible to fulfill. However, my new company did not require any letter, so I joined them. After 9 years working in different companies and obtaining proper certificates, I now need to apply for immigration to Australia. To do so, I must demonstrate 10 years of experience, which requires obtaining a 1-year experience letter from my previous employer.
Seeking Assistance for Immigration Process
I am seeking your assistance in the following areas:
1. I have contacted them and requested the letter. They gave a very casual response, stating that they will look into it, but it may take time. Considering that a significant period (10 years) has elapsed, they may not be able to provide the letter. If they refuse, what steps can I take, given that I have already sent them a mail with my joining letter and salary slips?
2. In the event that they decline to provide the letter due to my unclear exit, should I attempt to negotiate with them by requesting payment of my last month's salary (at that time, it amounted to Rs 15,000) as my dues?
PS: I have a signed photocopy of my offer letter, which, among other conditions, includes the clause: "My engagement will be liable to be terminated on one-month notice by either party."
Thanks!
From India, undefined
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Seeking Assistance for Immigration Process
I am seeking your assistance in the following areas:
1. I have contacted them and requested the letter. They gave a very casual response, stating that they will look into it, but it may take time. Considering that a significant period (10 years) has elapsed, they may not be able to provide the letter. If they refuse, what steps can I take, given that I have already sent them a mail with my joining letter and salary slips?
2. In the event that they decline to provide the letter due to my unclear exit, should I attempt to negotiate with them by requesting payment of my last month's salary (at that time, it amounted to Rs 15,000) as my dues?
PS: I have a signed photocopy of my offer letter, which, among other conditions, includes the clause: "My engagement will be liable to be terminated on one-month notice by either party."
Thanks!
From India, undefined
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Handling a 10-Year-Old Relieving Letter Request
10 years is a long time, and I don't think a company is liable to keep records of employees for such a period. Practically, it will be very difficult to find your records unless they have been kept and digitized. I do not think you are legally entitled to ask for a relieving letter after such a long delay of 10 years. If you now state that you are willing to pay Rs. 15,000/- as notice pay because your exit was not handled properly, they might ask you to pay interest for the past 10 years. Therefore, it is better not to agree to pay anything in writing.
Write a simple and polite letter stating your date of appointment as well as resignation, and attach copies of your appointment letter and resignation letter. Request them to send a relieving/experience letter. Send it via registered post.
However, can you not demonstrate your experience by providing copies of the appointment and resignation letters for the one-year period in question?
From India, Kolkata
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24710 years is a long time, and I don't think a company is liable to keep records of employees for such a period. Practically, it will be very difficult to find your records unless they have been kept and digitized. I do not think you are legally entitled to ask for a relieving letter after such a long delay of 10 years. If you now state that you are willing to pay Rs. 15,000/- as notice pay because your exit was not handled properly, they might ask you to pay interest for the past 10 years. Therefore, it is better not to agree to pay anything in writing.
Write a simple and polite letter stating your date of appointment as well as resignation, and attach copies of your appointment letter and resignation letter. Request them to send a relieving/experience letter. Send it via registered post.
However, can you not demonstrate your experience by providing copies of the appointment and resignation letters for the one-year period in question?
From India, Kolkata
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Relieving & Experience Letter.doc