I need your suggestion on the below issue:
It's regarding my cousin:
She used to work in a small IT company as Software Test Engg.
As she got an offer with another well known company,she dropped her letters there and completed all the formalities in the former co.
but now her previous company is refusing to give her the imp documents such as 'Relieving Letter" which is the only proof an employee will have to prove that she has worked there.
Its been 18 days since she has left the company and she is not getting any response about her relieving letter.
She has lost the hope to join 'the New Company' as they have told she cannot join without submitting the relieving letter.
She has visited the company and requested the HR , but she was treated very badly and was told that even if she comes everyday to the office ,she will not be getting the relieving letter.
Its a helpless situation,she will not be able to show her 1.8 yrs of software testing experience without that letter.
Kindly advise us ,what should be done.
We have tried requesting ,but its of no use.
NOTE:
As per my cousin,her Boss has created such problems for most of the employees who left.
He usually does this coz, he doesn't want his employees to join any other companies.
Fearing her boss will create a problem, my cousin has told a lie that She will be getting married and hence she is leaving the company.
We are assuming that her boss is aware that she has told lie and will be joining new company and hence is troubling her....
We really have no idea how to tackle this problem.....
I kindly request you to give me suggestion on how to go about this.....I think we should take a legal action against her Boss...can we do that and what is the procedure to do so.....
Waiting for your valuable reply.....
Regards,
Kavita
From India, Bangalore
It's regarding my cousin:
She used to work in a small IT company as Software Test Engg.
As she got an offer with another well known company,she dropped her letters there and completed all the formalities in the former co.
but now her previous company is refusing to give her the imp documents such as 'Relieving Letter" which is the only proof an employee will have to prove that she has worked there.
Its been 18 days since she has left the company and she is not getting any response about her relieving letter.
She has lost the hope to join 'the New Company' as they have told she cannot join without submitting the relieving letter.
She has visited the company and requested the HR , but she was treated very badly and was told that even if she comes everyday to the office ,she will not be getting the relieving letter.
Its a helpless situation,she will not be able to show her 1.8 yrs of software testing experience without that letter.
Kindly advise us ,what should be done.
We have tried requesting ,but its of no use.
NOTE:
As per my cousin,her Boss has created such problems for most of the employees who left.
He usually does this coz, he doesn't want his employees to join any other companies.
Fearing her boss will create a problem, my cousin has told a lie that She will be getting married and hence she is leaving the company.
We are assuming that her boss is aware that she has told lie and will be joining new company and hence is troubling her....
We really have no idea how to tackle this problem.....
I kindly request you to give me suggestion on how to go about this.....I think we should take a legal action against her Boss...can we do that and what is the procedure to do so.....
Waiting for your valuable reply.....
Regards,
Kavita
From India, Bangalore
Pls try talking to his Bosses Boss and if that does not help ,try with the Labour officer. even if that does not help , lodge a compliant in police station.
From India, Pune
1From India, Pune
Dear Kavita ,
It’s sad to hear why your sister did not choose to be honest and follow the process for while leaving the job. Legally, if an employee resigns it automatically marks the end of employment with the company unless the resignation is taken back. The relieving is the company’s prerogative, at the same time it’s an employee's right .I have couple of questions:
1. Did your sister document her resignation in an email and save a copy with herself?
2. Had she served her notice period ?
3. Is she aware of the handover formalities and completed them? Does she have any document supporting that ?
In this situation , she should first share the copy of her resignation with her new employer and request for time to submit the relieving documents.
Then she needs to mail the HR and her reporting lead requesting for the relieving documents , including the clause to buyout the notice period , incase she have not served it. Make sure it’s extremely cordial and thank them for the experience.
She further needs to mention the handover activities that she have done and request if there are any further formalities to be followed.
Please do not expect any straight forward reply or cooperation. But then this would make your sister's position stronger.
If she does not receive any reply from them , then she may take legal help. But then, receiving no replies often makes the candidates position strong enough to be hired by any company
Her experience cannot be taken away from her. She have the appointment letter and every letter given to her post appraisal. Do ask her to send a cordial mail to her colleagues and other senior mentioning the projects she worked with them and thanking them for the learning’s she gained from them. If she receives a reply to these mails , Viola ! Do keep a hard copy of the resignation and printout of all these email for future reference . Most of the time, she may not require it. At the most, her existing employer may declare her an abscond , but her communication with the HR would save this as well.
Wish your sister all the best.
Regards,
(Cite Contribution)
From India, Mumbai
It’s sad to hear why your sister did not choose to be honest and follow the process for while leaving the job. Legally, if an employee resigns it automatically marks the end of employment with the company unless the resignation is taken back. The relieving is the company’s prerogative, at the same time it’s an employee's right .I have couple of questions:
1. Did your sister document her resignation in an email and save a copy with herself?
2. Had she served her notice period ?
3. Is she aware of the handover formalities and completed them? Does she have any document supporting that ?
In this situation , she should first share the copy of her resignation with her new employer and request for time to submit the relieving documents.
Then she needs to mail the HR and her reporting lead requesting for the relieving documents , including the clause to buyout the notice period , incase she have not served it. Make sure it’s extremely cordial and thank them for the experience.
She further needs to mention the handover activities that she have done and request if there are any further formalities to be followed.
Please do not expect any straight forward reply or cooperation. But then this would make your sister's position stronger.
If she does not receive any reply from them , then she may take legal help. But then, receiving no replies often makes the candidates position strong enough to be hired by any company
Her experience cannot be taken away from her. She have the appointment letter and every letter given to her post appraisal. Do ask her to send a cordial mail to her colleagues and other senior mentioning the projects she worked with them and thanking them for the learning’s she gained from them. If she receives a reply to these mails , Viola ! Do keep a hard copy of the resignation and printout of all these email for future reference . Most of the time, she may not require it. At the most, her existing employer may declare her an abscond , but her communication with the HR would save this as well.
Wish your sister all the best.
Regards,
(Cite Contribution)
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Releiving letter.doc