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I worked in a PSU bank for 4 months and resigned in 2011. I served 1 month notice period out of 3 months notice period. Since then I haven't worked anywhere. Now that I will be joining another organisation, I need my relieving letter.

I sent a letter to the PSU bank one month ago regarding my release in lieu of two month's salary. There was no response.

Yesterday, after repeated phone calls, I came to know that they need an affidavit from me, stating what I have done since my departure in 2011, and that I have no criminal records against me.

My questions are:

  1. I want a relieving letter of 2011. Is the affidavit necessary for that?

  2. Does the organisation have any right to deny me the relieving letter even after clearing all the dues, i.e. 2 months salary?

  3. The organisation where I am entering now has given me a date within which I have to submit my relieving letter. If I fail to submit it by that time, can I submit an affidavit saying I am no more a part of the PSU bank?

  • I'm not familiar with Indian customs regarding employment contracts, but it sounds to me you want to trade two months of salary from 2011 to get your relievieng leter? Why? You worked there and gave notice, so you should get your relieving letter letter without trading something for it. Or do I miss something? – Marcus Bitzl May 14 '14 at 14:02
  • Who needs the affidavit? Your new company? if so that makes sense. – IDrinkandIKnowThings May 14 '14 at 16:40
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    This is not a legal advice question. It is asking about the facts of the law not the opinion of it in this specific case. Those types of questions are allowed. – IDrinkandIKnowThings May 14 '14 at 18:47
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    This system sounds crazy – Code Whisperer Jul 17 '14 at 16:02
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    PSU? Do you mean PSB (en.wikipedia.org/wiki/Public_sector_banks_in_India)? – user8036 Oct 24 '14 at 10:23
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  1. If they will not give it to you without an affidavid then it is necessary. As you will need to see a lawyer to get this affidavid you should probably ask them if it is required by law. Be very careful about what is said in this affidavid as you may not have been a legal hire for your employers since 2011 as they hired you without a releiving letter.

  2. Ask a lawyer. The specifics will vary region to region but if you pay the penalty you should generally be ok.

  3. I would ask HR in the new organization if an affidavid would be acceptable as they are the only ones who will be able to answer that.

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