Dear All,
I have joined in a company on 21st Aug 2017. I have received a good offer my old employer so decided to leave the company and put my resignation on 17th Oct 2017 i.e. less then 2 months after joining. I have not revealed about my new offer and told them I am leaving due to my personal issues. In the offer letter it is mentioned to serve 3 months of notice period. I have served them 10 days more than the actual notice i.e 3 months and my last working day was 24th Jan 2018. But after I joined the new company some how they came to know that I have joined in another company and now saying they will not give me the relieving letter because I lied them at the time of leaving the company.
I would like to know if I can take any legal action on the company because they are not giving the relieving letter showing that reason.
Kindly advise.
From India, Mumbai
I have joined in a company on 21st Aug 2017. I have received a good offer my old employer so decided to leave the company and put my resignation on 17th Oct 2017 i.e. less then 2 months after joining. I have not revealed about my new offer and told them I am leaving due to my personal issues. In the offer letter it is mentioned to serve 3 months of notice period. I have served them 10 days more than the actual notice i.e 3 months and my last working day was 24th Jan 2018. But after I joined the new company some how they came to know that I have joined in another company and now saying they will not give me the relieving letter because I lied them at the time of leaving the company.
I would like to know if I can take any legal action on the company because they are not giving the relieving letter showing that reason.
Kindly advise.
From India, Mumbai
Dear friend,
Your current employer is also your one of the former employers. Are they insisting on you getting a relieving letter for just four months? In case if they are not insisting, then why bother about relieving letter?
As such, an employment letter that shows a 4-month tenure could be counterproductive. It might do more harm than good. Therefore, just forego it and show blank period in your CV when you apply for the next job.
Thanks,
Dinesh Divekar
From India, Bangalore
7736Your current employer is also your one of the former employers. Are they insisting on you getting a relieving letter for just four months? In case if they are not insisting, then why bother about relieving letter?
As such, an employment letter that shows a 4-month tenure could be counterproductive. It might do more harm than good. Therefore, just forego it and show blank period in your CV when you apply for the next job.
Thanks,
Dinesh Divekar
From India, Bangalore
Employer has no right to refuse any papers due to employee just because he did not tell them that he is going for another job.
What kind of ego issue is this manager displaying?
Best is 4 months period can be ignored and this employment not shown in CV.
From India, Pune
What kind of ego issue is this manager displaying?
Best is 4 months period can be ignored and this employment not shown in CV.
From India, Pune
Thanks a lot Dinesh Divekar and Nathrao for your valuable replies. Apart from the relieving letter they are also holding my 2 months salary. They are saying they will not give the salary as well.
From India, Mumbai
From India, Mumbai
Non payment of salary is a different matter. They have no right to withhold your pay. Send them a legal notice or depending on your designation approach local labour office.
From India, Pune
From India, Pune
Dear Friend,
Suggestion of Mr Divekar is appropriate as your present employer is not insisting upon for reliveing letter.
But as per your second revelation that your past employer did not disburse wages for last two months.
Since your employer has not paid wages is a violation under payment wages act. You follow the guidance of Mr Nathrao, to lodge a complaint in labour office regarding non-payment of wages after wage period.
The role of past employer is illegal for not providing releiving letter after due compliance of notice period, can be send a notice by your lawer. If you are putting complaint in labour office can redress the both the problems.
From India, Mumbai
Suggestion of Mr Divekar is appropriate as your present employer is not insisting upon for reliveing letter.
But as per your second revelation that your past employer did not disburse wages for last two months.
Since your employer has not paid wages is a violation under payment wages act. You follow the guidance of Mr Nathrao, to lodge a complaint in labour office regarding non-payment of wages after wage period.
The role of past employer is illegal for not providing releiving letter after due compliance of notice period, can be send a notice by your lawer. If you are putting complaint in labour office can redress the both the problems.
From India, Mumbai
Dear colleague,
To advise to disregard 4 months' experience as insignificant and going further to suppress it by not showing in the CV for future employers because the previous employer is refusing to give relieving better is, in my view, unbecoming of professional.
As regards, not to bother about employer not giving relieving letter as present employer does not seem to be insisting on it, is alright.
If you fall in workman category, you have legal remedy available under labour laws for non - payment of salary. If you don't, you can only keep knocking doors up to highest authority , appealing to their good sense for payment.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
To advise to disregard 4 months' experience as insignificant and going further to suppress it by not showing in the CV for future employers because the previous employer is refusing to give relieving better is, in my view, unbecoming of professional.
As regards, not to bother about employer not giving relieving letter as present employer does not seem to be insisting on it, is alright.
If you fall in workman category, you have legal remedy available under labour laws for non - payment of salary. If you don't, you can only keep knocking doors up to highest authority , appealing to their good sense for payment.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Dear Mr Vinayak Nagarkar,
Sir, The query is on refusal to issue relieving letter for 4-month old employment. Now suppose the employer issues the certificate and the originator of the query includes this small tenure in the CV also. Nevertheless, it could create problem for him and whatever the justification the querist provides, HR might not accept. Therefore, mention of 4-month old tenure could become liability hence the suggestion to drop it.
Yes, one should be truthful at all the times nevertheless, truth should not become obstacle to the career. Hence the suggestion to suppress it.
Regards,
Dinesh Divekar
From India, Bangalore
Sir, The query is on refusal to issue relieving letter for 4-month old employment. Now suppose the employer issues the certificate and the originator of the query includes this small tenure in the CV also. Nevertheless, it could create problem for him and whatever the justification the querist provides, HR might not accept. Therefore, mention of 4-month old tenure could become liability hence the suggestion to drop it.
Yes, one should be truthful at all the times nevertheless, truth should not become obstacle to the career. Hence the suggestion to suppress it.
Regards,
Dinesh Divekar
From India, Bangalore
Fact of working in a place for 4 months will be an in significant period.
Not mentioning this small period does not make your CV false or materially irregular.
Our employment scene is not mature enough and even small things can affect your job placements.
So a fact of working for short time can be omitted if necessary.
From India, Pune
Not mentioning this small period does not make your CV false or materially irregular.
Our employment scene is not mature enough and even small things can affect your job placements.
So a fact of working for short time can be omitted if necessary.
From India, Pune
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