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Indian Law/Reg: My company not providing me relieving letter

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Question
Hi Rajeev,

I'm presently working with a CMM level 5 Software Company as Software engineer designation. I joined as a fresher here. At the time of joining I signed a bond for 3 yrs costing one lakh. Now because of my personal reasons i need to quit the company and serving the 3 months notice period to my current company. My problem is my current company says that i will not be getting my relieving letter even i'm paying the bond amount. As spoke with my HR, they conveyed me that they will take 1 lakh and 3 mnths notice period and will be providing me only bond breaking letter and nothing else due to company policy. When i asked to show the policy, they say that they dont have such written policy but it is their general procedure. Please suggest me on proceeding furthur legally to get my relieving letter which i'm supposed to get as my right after fulfilling all the requirements of the bond i signed.

Thank you,
Nani

Answer
Thanks Nani for your referral.

Your current employer's action appears not only unjust but also illegal.

Suggest to proceed as follows:

1. Firstly, take your new employer in confience and inform that your current employer may not issue a relieving letter but you will provide them evidence of your having resigned and having requested your current empoyer for relieving letter. Make your new employer agree to let you join without relieving letter on this basis. Also show him the letter uner 2 below you would have sent to the current employer.   

2. Make a letter addressed to your Manager, Hea- HR an CEO stating that-
_________________________

(a# I have duly resigned;
#b# I have served or am willing to serve the required notice period; and
#c) I have paid or am willing to pay the bond amount.

Thus I have fulfilled or am willing to fulfil all the service conditions applicable to me an hence request you to accept my resignation an issue me a relieving and experience letter on my last working day.
________________________

Please show this letter first to your Manager and HR Head and then han it over to them taking their signature in acknowlegement and also send it by registered post.

3. Please do not fight with the current employer. However be polite and yet assertive and opursuasive.

Am reasonably sure, your current employer will do the needful on your sending letter as above. Also your new employer will let you join without a relieving letter.

If this does not solve your problem, refer here again.

Also see past answers for further elaboration on subject.

Best Regards.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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