Hi, I am based in the Delhi-NCR location and worked for a BPO. I am having issues obtaining my relieving letter after 3.5 years in the organization. I was in middle management and was asked to leave due to a small mistake, which was essentially a wrong decision. My immediate reportee was caught punching the access card for his colleague. The next day, my reporter informed me about the incident, to which I responded by giving stern feedback. My only mistake was not reporting it to my superior. The incident later became known to higher management, and according to them, I was equally involved. I provided a detailed explanation on paper after receiving the notice. The management decided, and I was asked to leave. I resigned properly on the last day, citing personal reasons. Now, the organization is refusing to give me my relieving letter, and I wasn't even given a copy of my resignation. Can you please advise on how I should go about obtaining my relieving/experience letter? I have spoken with the HR team and higher management, requesting them to issue me a letter. However, according to them, the policy states that they do not provide any documents in ATL cases under integrity.
Regards,
[Username]
From India, Gurgaon
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Regards,
[Username]
From India, Gurgaon
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Also can you suggest that should I file a petition in the delhi labour court
From India, Gurgaon
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From India, Gurgaon
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Steps to Obtain Your Relieving Letter
If possible, resend the resignation letter through speed or registered post, adding a line that you have already submitted your resignation on [date], which was received by the management. Now, you are sending the hard copy of the same. In the same resignation letter, request to clear all dues and issue a relieving and experience letter so that you can peacefully move on.
However, if you look from a legal point of view, the entire incident deviates from the procedure of labor laws. First of all, the company cannot ask anyone to leave (it is like asking someone to die). Either an employee resigns voluntarily, or the company terminates him. In your case, neither happened. I also think the punishment (being asked to leave) is not proportionate to the misconduct (not informing the superior).
But if you are happy to move on and just require the relieving letter, then follow the instructions given in the first paragraph. If the company does not reply within a reasonable time or fails to provide your relieving letter, then you can decide on the next course of action.
From India, Kolkata
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247If possible, resend the resignation letter through speed or registered post, adding a line that you have already submitted your resignation on [date], which was received by the management. Now, you are sending the hard copy of the same. In the same resignation letter, request to clear all dues and issue a relieving and experience letter so that you can peacefully move on.
However, if you look from a legal point of view, the entire incident deviates from the procedure of labor laws. First of all, the company cannot ask anyone to leave (it is like asking someone to die). Either an employee resigns voluntarily, or the company terminates him. In your case, neither happened. I also think the punishment (being asked to leave) is not proportionate to the misconduct (not informing the superior).
But if you are happy to move on and just require the relieving letter, then follow the instructions given in the first paragraph. If the company does not reply within a reasonable time or fails to provide your relieving letter, then you can decide on the next course of action.
From India, Kolkata
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These types of HR practices are often encountered in our daily lives. HR usually asks the concerned individual to leave the job because he/she has no other option but to terminate/suspend the employee. For your information, no HR professional wants to ruin anyone's career or tarnish their personal record.
It appears that the company has lost faith and confidence in you, so it may be better to resign on personal grounds, move forward, and settle this matter amicably. You can always resort to legal remedies to obtain your rightful claims (F&F, PF, Release letter, Experience letter), but please consider it as a last option.
Before taking any legal action, you can send a hard copy via registered post to the HR and CC it to the management. Only request your rightful claims while mentioning a timeline for action. Ensure that in this letter, you do not disclose any details about the 'punching card' or any related matters.
Regards
From India, Kolkata
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It appears that the company has lost faith and confidence in you, so it may be better to resign on personal grounds, move forward, and settle this matter amicably. You can always resort to legal remedies to obtain your rightful claims (F&F, PF, Release letter, Experience letter), but please consider it as a last option.
Before taking any legal action, you can send a hard copy via registered post to the HR and CC it to the management. Only request your rightful claims while mentioning a timeline for action. Ensure that in this letter, you do not disclose any details about the 'punching card' or any related matters.
Regards
From India, Kolkata
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Zero Tolerance Policy in BPOs
Large BPOs follow a zero-tolerance policy on integrity issues. Knowingly allowing an employee to provide fake attendance is a very serious matter. It is pretty obvious that they would ask you to leave.
You mentioned that you submitted your resignation on the last day. Does that mean you left without giving notice? Or did you offer to serve the notice period, but they requested you not to? Was this documented?
According to the law, no company can withhold a service certificate from an employee who has left, even those who leave without notice. There is no concept of a relieving letter. The service certificate should outline the work you performed and the duration of your service. They can mention the incident before your resignation, but they must issue a service certificate. Essentially, they must provide you with a relieving letter, although it may be worded in a way that is not beneficial to you (for instance, stating that you were terminated due to integrity issues).
You have the option to file a complaint with the inspector under the Shop and Establishment Act. The inspector may assist you in obtaining a relieving letter. However, ensure to follow the procedure outlined by Ritesh and Pradeep.
Regards
From India, Mumbai
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Large BPOs follow a zero-tolerance policy on integrity issues. Knowingly allowing an employee to provide fake attendance is a very serious matter. It is pretty obvious that they would ask you to leave.
You mentioned that you submitted your resignation on the last day. Does that mean you left without giving notice? Or did you offer to serve the notice period, but they requested you not to? Was this documented?
According to the law, no company can withhold a service certificate from an employee who has left, even those who leave without notice. There is no concept of a relieving letter. The service certificate should outline the work you performed and the duration of your service. They can mention the incident before your resignation, but they must issue a service certificate. Essentially, they must provide you with a relieving letter, although it may be worded in a way that is not beneficial to you (for instance, stating that you were terminated due to integrity issues).
You have the option to file a complaint with the inspector under the Shop and Establishment Act. The inspector may assist you in obtaining a relieving letter. However, ensure to follow the procedure outlined by Ritesh and Pradeep.
Regards
From India, Mumbai
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