I am having some big issues and need your advice as I lost a big opportunity (MNC job) due to documentation.
Background
I am an embedded engineer in India with experience in 3 startups/small companies. Below are the documents which I have:
1. First Company (1.6 years) - Appointment Letter, Relieving Letter, No Salary Slip.
2. Second Company (10 months) - Appointment Letter, No Salary Slip.
3. Current Company (1.6 years) - Appointment Letter, Relieving Letter, No Salary Slip.
In the second company, salary was not being paid in a timely manner. My (and others') 2 months' salary is still pending. My seniors left the company due to a dispute with the management. One day, the management (actually the director) called me for a meeting. In the meeting, he said, "As there is no technical person except ME, so I (director) am promoting you to a senior level so that we both (myself and director) can start some new projects. With that, I (director) will increase your (myself) salary and share the profit with you." I said, "Sir, you don't have money to pay the pending salaries, and still, you are giving me this offer. I am sorry, sir, but I won't accept this offer." After this, the director told me to resign. So, I emailed him my resignation, and I got a reply: "Noted." After some time, I asked him for my relieving letter. He said that I have to sign a NO-DUES form, which I didn't because they didn't clear my pending salary and reimbursements. I got a new job in a third company.
Current Situation
I applied for a job in an MNC, cleared all rounds, but in the final round, HR asked me about the above documents. I said, "I don't have the relieving letter of my second company, and the current company does not provide a salary slip." HR said, "They cannot offer me a job until I submit all the required documents."
Now, I went to my second company to get the relieving letter, but unfortunately, the company got closed. I asked HR whether bank statements (to prove that I was working with that company and the company existed at that time) and an emailed relieving letter with an acknowledgment email are sufficient. He said, "OK." I forwarded all the documents I have to HR. I got the offer letter the next day. I was very happy.
After 2-3 days, I got a call from HR saying, "They cannot proceed with the next stage (background verification) as I don't have the relieving letter from the second company, so we are rejecting your candidature." I was shocked. I said to HR, "I submitted the documents after getting confirmation from your side." He said, "I know, but I can't do anything. I am following the company policy."
If this is the case, then I cannot apply for any MNC jobs. So how to resolve this relieving letter issue or any alternative to it, please guide me.
From India, Pune
Background
I am an embedded engineer in India with experience in 3 startups/small companies. Below are the documents which I have:
1. First Company (1.6 years) - Appointment Letter, Relieving Letter, No Salary Slip.
2. Second Company (10 months) - Appointment Letter, No Salary Slip.
3. Current Company (1.6 years) - Appointment Letter, Relieving Letter, No Salary Slip.
In the second company, salary was not being paid in a timely manner. My (and others') 2 months' salary is still pending. My seniors left the company due to a dispute with the management. One day, the management (actually the director) called me for a meeting. In the meeting, he said, "As there is no technical person except ME, so I (director) am promoting you to a senior level so that we both (myself and director) can start some new projects. With that, I (director) will increase your (myself) salary and share the profit with you." I said, "Sir, you don't have money to pay the pending salaries, and still, you are giving me this offer. I am sorry, sir, but I won't accept this offer." After this, the director told me to resign. So, I emailed him my resignation, and I got a reply: "Noted." After some time, I asked him for my relieving letter. He said that I have to sign a NO-DUES form, which I didn't because they didn't clear my pending salary and reimbursements. I got a new job in a third company.
Current Situation
I applied for a job in an MNC, cleared all rounds, but in the final round, HR asked me about the above documents. I said, "I don't have the relieving letter of my second company, and the current company does not provide a salary slip." HR said, "They cannot offer me a job until I submit all the required documents."
Now, I went to my second company to get the relieving letter, but unfortunately, the company got closed. I asked HR whether bank statements (to prove that I was working with that company and the company existed at that time) and an emailed relieving letter with an acknowledgment email are sufficient. He said, "OK." I forwarded all the documents I have to HR. I got the offer letter the next day. I was very happy.
After 2-3 days, I got a call from HR saying, "They cannot proceed with the next stage (background verification) as I don't have the relieving letter from the second company, so we are rejecting your candidature." I was shocked. I said to HR, "I submitted the documents after getting confirmation from your side." He said, "I know, but I can't do anything. I am following the company policy."
If this is the case, then I cannot apply for any MNC jobs. So how to resolve this relieving letter issue or any alternative to it, please guide me.
From India, Pune
Dear Param,
The rationale behind the issuance of a relieving letter by the employer upon the normal termination of an employee's contract of employment, such as resignation, retirement, statutory retrenchment, or discharge due to surplusage of employees, is to signify the employee's positive separation once and for all from the organization and the complete extinguishment of their employment liabilities.
The absence of such a letter from a previous employer, for whatever reason, conversely, does not validate the employment separation. This absence can lead a prospective employer to make presumptuous inferences, such as suspicion of dual employment or absconding, and could result in the rejection of the candidate if they have already been selected.
In a real-life scenario akin to the one described in the post, to the best of my limited understanding, the only positive resolution lies in the prospective employer's generosity, the confidence placed in the candidate, and the urgency in hiring them at any cost.
Alternatively, you could consider issuing a legal notice to the previous company. The failure to respond to the notice could serve as evidence of its subsequent closure. The documents in your possession can then act as evidence of your subsequent employment and experience.
Please let me know if you need any further assistance.
From India, Salem
The rationale behind the issuance of a relieving letter by the employer upon the normal termination of an employee's contract of employment, such as resignation, retirement, statutory retrenchment, or discharge due to surplusage of employees, is to signify the employee's positive separation once and for all from the organization and the complete extinguishment of their employment liabilities.
The absence of such a letter from a previous employer, for whatever reason, conversely, does not validate the employment separation. This absence can lead a prospective employer to make presumptuous inferences, such as suspicion of dual employment or absconding, and could result in the rejection of the candidate if they have already been selected.
In a real-life scenario akin to the one described in the post, to the best of my limited understanding, the only positive resolution lies in the prospective employer's generosity, the confidence placed in the candidate, and the urgency in hiring them at any cost.
Alternatively, you could consider issuing a legal notice to the previous company. The failure to respond to the notice could serve as evidence of its subsequent closure. The documents in your possession can then act as evidence of your subsequent employment and experience.
Please let me know if you need any further assistance.
From India, Salem
Dear Umakanthan,
As you mentioned, the absence of a relieving letter is treated as fake employment or dual employment by prospective employers. However, I have submitted my bank statements which have my previous company name as the depositor.
Could you shed some light on issuing a legal notice to the previous employer and also on issuing a self-affidavit to prospective employers (I found this solution on some websites)?
From India, Pune
As you mentioned, the absence of a relieving letter is treated as fake employment or dual employment by prospective employers. However, I have submitted my bank statements which have my previous company name as the depositor.
Could you shed some light on issuing a legal notice to the previous employer and also on issuing a self-affidavit to prospective employers (I found this solution on some websites)?
From India, Pune
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