Sir legally you have to serve only one month notice period the employer is threatening you in case he does not give a reliving letter or experience letter the complaint with the labour court or a suit can be filed. Further such terms cannot be changed after the offer letter is issued without prior notice and consent of the employees. Further there is no such thing as blacklisting if employer defame you a defamation suit can be filed. so freely give your resignation and serve a one month notice period.
My employer is denying relieving letter as I am resigning in probation period
Hi, I am in probation period and wants to resign from my post as i am not feeling comfortable in company and environment as they have assigned me to very bad support project. As per my offer letter, notice period in my probation period is of 1 month. I am ready to serve 1 month notice period. But my project manager is saying that he has spent huge amount on my background verification. He won't be issuing relieving letter if i will be serving 1 month notice period only. He is threatening me to serve 3 month notice period (after probation period notice period in my company is of 3 month ) otherwise he will do following things: a) won't issue relieving letter b) won't issue experience letter c) give very negative remarks in my further background verification d) will ensure that i won't get job in any other company by blacklisting me He is also threatening me that he can change my offer letter terms and conditions increasing notice period in probation period from one month to 3 month as there is below line in my offer letter "Company reviews its compensation structure and policies from time to time. The compensation structure and benefits offered to you in this offer letter are subject to change and the same will be communicated to you at the time of joining date or at a later date when such change becomes applicable" Please help me out. I really want to get out from here properly within one month only.
Asked 7 years ago in Labour
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11 Answers
Under terms of your appointment letter you have to serve only one month notice period
2) no need to bow down to pressure tactics
3) once you have resigned company cannot increase notice period from one month to three months without your consent
1. If you serve the notice period and resign according to the contract then employer is bound to relieve you.
2. Serve the notice period. If he does not issue the relieving letter then you may initially serve a lawyer's notice to him and if he still does not issue the relieving letter then you may sue him in the civil court through a suit for mandatory injunction.
3. The notice period during probation cannot be changed to your disadvantage after you have given the notice of your intention to resign.
You are governed by your appointment letter with the company and that cannot be changed only on the perception of project manager resign from there serve notice period as per your appointment terms and leave the organisation if they don't issue you experience letter and final teams then complaint against the project manager in the police for harassment
Hello
The company cannot alter the terms and conditions in the offer letter to your disadvantage as and when it desires. Therefore send a legal notice to the company stating the aforementioned facts of the case and demand relieving letter from them and in the event they refuse to do so....leave the company.
You can file a case before a labour court in case you want to pursue this further.
Regards
Please follow T & C given in your appointment letter and proceed.
Hi sir, Really thanks for your suggestions and valuable time. It really helped me a lot. I have got another company offer letter in hand and they are asking to join after one month as per my current offer letter terms and conditions. At the time of joining they will surely ask for relieving letter. Please help me out with below doubts: a) What document proofs i need to keep with me while putting down resignation. b) Can i drop a resignation mail through my official mail id putting my personal mail id in cc? Would that be sufficient as a proof of resignation? c) Can my current employer delay in issuing relieving letter after my last working day as per 1 month notice period. It will badly affect my next employment ? c) If my current employer will delay in issuing relieving letter, what other document proofs i can produce to my next employer that will work equivalent to relieving letter or resignation proof. Please sir, let me know proper steps i need to take so that i can exit from my current employer and join next employer smoothly ( by showing next employer proper proofs like relieving letter or equivalent to that any other document ).
Asked 7 years ago
Obtain receipt of resignation letter
2) send it by email
3) employer ti harass you can delay giving a relieving letter
4) copy of your resignation letter sent by email is evidence that you have resigned
1. You need offer letter salary slips, and other employment records.
2. You can mail registration but I would suggest you to give it in har copy through procedure getting stamp from inward section on your copy and making a copy to respective authroity.
Further along thay mail can be sent.
3. Legally he cannot illegally he can dor that if he does he need to compensate.
4. The full and final settlement letter , registration letter along offer letter. But they won't be equilant to reliving letter but still your new company can consider.
Don't put you into the confusion, you nothing to do take only copy of resignation letter and previous company's appointment letter. If the T & C ,which they will see permit the same , they will certainly allow you to join and you should immediately join then and there. After joining, only continue to follow by mail with older company that you have not sent yet me the relieving letter for which my present employer pressing hard, by this you are not only will be given clean chit from all side. Thanks.
Your project manager is incorrect to tell you that he cannot relieve you even after serving one month notice period
He is no one to contravene the rules of the company.
He is not the competent person to tell all these when your employment offer letter condition is differnt to that of his views.
You do not wait for his reply.
You may first tender your resignation observing the terms and conditions of the offer letter.
Let them give a reply in writing after which you can plan to handle the same legally.
You secure the copy of the employment offer letter with conditions therein, along with copy of the resignation letter and their reply if any.
Always tender your resignation in a letter form than following email mode, because this will be a more substantial evidence.
You may send your resignation letter in person or by a registered post with AD.
You can produce the documentary evidences for your efforts for getting relieved from that company before the new employer.