• My company not relieving me or accepting my resignation even if I serve 2 months notice period

I'am working in Pune in pvt ltd Software service company,i got new job in MNC but my current employer not accepting my Resignation letter(Mail) and saying that we will not leave you even if you serve legal 2 months Notice period if you leave we will not give you any Documents(like Experience and relieving letter).
please help me in this case i want to join new company ,and the want Experience and relieving letter!
What can i do against my current employer ??
Are they right to spoil my career??
Should i have right to take any legal action against them or when can i take the legal action(last working day 20 Jan,2018)???
Asked 6 years ago in Labour

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16 Answers

What does the termination clause reads in your employment?

Is serving the notice period mandatory? or you have been given an option to buy-out the same?

Please throw some light on the above questions so that a concrete response be given to your replies.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

This is outrageous. If there is notice period you are entitled to get relieved from job thereafter along with relieving letter.

So send them a detailed email on this account and legal notice.

If they still refuse to issue experience letter then these will help you to prove your experience.

Unfortunately no legal recourse is suitable to get you experience letter.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Please serve them legal notice that you will file case of extortion against them ... they have no rights to forfeit someone's documents further tell your future office that the old office is not giving your documents....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

You are bound to serve notice period mentioned in the appointment letter

2) company cannot force you the work against your wishes

3) inform your new employer that your employer is refusing to give experience and relieving letter

4) your appointment letter a d salary slips are sufficient proof that you worked in said organisation

5) you can issue legal notice to employer to furnish you relieving letter and experience letter

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Your current employer is acting illegally.

2. He is taking the advantage of the fact that your new employer will not wait eternally for your joining.

3. Contact your new employer informing that you have already resigned but yourpresent employer is illegally retaining you by refusing to issue release order. They may allow you to join them with out te release order if they are convinced that you have resigned after giving proper notice and your present employer is refusing to release you.

4. Thereafter, you can lodge a complaint before the local labour commissioner.

5. You can also file a damage suit claiming compensation for the damage caused to you by your present employer by illegally refusing to issue you the release order though you had resigned following ten terms of your employment.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

As per agreement with your employer 2 months notice may be sufficient you can solve this problem through company registrar if not through court

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

A. You are only having bounden duty to serve the notice period as per the terms of the Appointment Order or Offer letter as the case may be. The company must issue a relieve letter along with experience letter after the completion of the notice period. In the event of non issue of relieving letter or any required document for the employee that amount to breach of the contract and you are entitled to get compensation and damages from the company. You can send an email to your HR department and put Copy to Reporting Manager to issue relieving letter after the completion of the notice period. And you need to incorporate one more para that " In the event of non acceptance of my resignation or no respond towards this letter shall be deemed to have been accepted and my last working day will be on............( after 2 month). You need to handover all the company movable properties which you got at the time of joining or during the course of employment. Or you can send these immovable properties through registered post to the company address if the Company deliberately avoid to receive the same.

B. Second, you can issue a legal notice to the company to issue relieving letter after completion of notice period by accepting your resignation. For your information, most of the companies will accept the Resignation letter irrespective of the endorsement/ resignation acceptance letter subject to completion of notice period.

C. As you aware, employment shall be interpret as contract between employer and employee. Both are having equal right and liabilities over the contract under the terms and conditions as depicted the same therein. Hence, employer shall not treat the employees like a slaver.

D. Finally, you need to talk with MNC company's HR team with regard to current issue and send email to your present company towards legal consequence by dint of non issue of relieving letter as required to the MNC company. Else you can approach the Labour Court to get direction and approach the Civil Court to claim compensation and damages with respect to the same. In my opinion, no relieving letter or experience letter is required when your employment order and salary certificates and Salary credits through cheque or online credit as it becomes documentary proof. Therefore, your act will be sufficient once you submitted resignation before the company and served the notice period as per the terms of the appointment order and send a final e-mail on the final day evening as " As you aware, Today is my last working day and all the best and share your personal email Id as well phone number for any further query ".

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Hello sir , they cannot deny in granting you relieving letter .. It is advisable to serve yeah company a legal notice... If they do not comply with your demands , you can file a complaint at the labour court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You visit the employment offer letter and confirm the resignation clause and the notice period.

If there is a mention about the buying of the notice period, you may send a resignation letter by registered post by mentioning that you are ready and willing to pay the for the balance notice period as per the employment offer letter clause.

Let them give a reply, after which you can plan to initiate legal steps by first issuing a legal notice and then approaching the concerned legal forum for relief.

The employer has no right to spoil your career nor it will be valid.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Send a legal notice to your employer, the company can not force you to work against your wish.

Also please tell us about the termination clause so that more concrete opinion can be rendered.

regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

if you serve the notice period you cannot be declared an absconder

2)for sending legal notice you must engage a lawyer

3)you should send notice after you leave your job

4) speak to HR

5) notice should be addressed to the company

6) you cannot force company to give you experience letter . your appointment letter, salary slips are sufficent to prove you were employee of the company

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. They should not do what they are telling you now which is illegal but the problem is that they telling you verbally and there is nothing they are giving in writing now.

2. You can certainly take them to court and file a damage suit against them in case yuou miss the opportunity to join the MNC.

3. Collect Audio/Video recording of their threats and admission that you have rightly resigned but they will not release you.

4. Contact the MNC and appraise them about the problem created by your present employer and take approval for joining them with out release letter.

5. If the MNC agrees to take you without thew release letter, send your employer a legal notice seeking release letter and experience certificate on the day of your leaving the company after property serving notice on them.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Send them legal notice through lawyer also file criminal case against them for harassing you ....also file a suit for damages against company

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

You secure the copy of the resignation letter and your willingness for the notice period etc

Did you send the resignation letter by registered post or have handed over the same in person to the authorities concerned?

Do you have the acknowledgment with you for this, then you do not have to be worried about the threats by the company people.

You can send the legal notice through a lawyer or by yourself also.

You have to address the top brass of the company and not the HR.

The consequence and the time taken cannot be predicted.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. You should inform your new employer that your present employer is illegally retaining you by not issuing the relieving letter.In its wisdom the new employer may permit you to join even without being relieved by the present employer,

2. Once you are allowed to join by the new employer then you may sue the present employer by filing a suit for damages on account of the mental agony suffered by you due to the refusal of your employer to issue the relieving letter despite you having resigned in accordance with the contractual obligations.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. An employee who serves the notice period and resigns in accordance with the contact cannot be declared as an absconder.

2. Serve a lawyer's notice to the employer after serving the notice period.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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