• Regarding relieving letter and experience letter

I was working for a company, and i have resigned recently while giving a notice period of 1 week by breaking the bond in the middle. I did not wanted to work with the company(currently working) and shifted to another company. Can my boss deny giving me the relieving letter and experience letter. I am also ready to pay the penalty for breaking the bond. The notice period for my company is 3 months. If the boss deny me giving me relieving letter, then can I also deny submitting the company assets or he will be giving some proof that i have submitted the company assets on the last day of my working???
Asked 7 years ago in Labour

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

You may have left job for whatever reason, However, it is mandatory on you to serve mandatory notice and on completion of notice period you ought to have leave the job. When you left the job without serving mandatory notice, your will have to pay notice period salary to the management.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you don't submit the company assets then they can take criminal action on you. So don't do that.

You should always do such stuff amicably.

Get in touch with your HR. Say you have personal problems like you are depressed and under medication. Tell her that you will be going abroad for treatment. If this reason is not suitable, say you are going to study. Enroll into some cheap MBA program and say the college starts in a week, and that they considered your application in the final round.

Then they will get back threatening that you will have to pay etc. Then you agree for it and escape :)

Might sound simple but execution is tough. Plan properly.

 

Avoid giving any medical certificate. As this might affect the further background checks at a later point.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Have your resignation been accepted by the company.

Have you submitted it properly in writing?

 You cannot hold back company assets because you have not been given the relieving letter.

You can issue a legal notice demanding relieving letter if the company refuses the same.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have broken the bond, and I believe as well as the terms of the employment agreement between you and the company.
  2. Yes, you can be asked to pay the penalty, but surely your company can’t deny the rights that you have got like getting the receiving letter etc.
  3. You will have to return the assets of the company otherwise they may file a civil suit or may be criminal case agaisnt you.
  4. You should ask for the receipt in writing as a proof that you have returned the assets of the company.
  5. If they deny to give any such Then don’t return anything and give them a mail stating everything, so that in future if they happen to take any legal action agaisnt you then you should also have something to say on your part to show their fault.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

See you have to submit the company asset they can file a criminal case against you for same and further take acknowledgement of same. Further give a legal notice to company for the reliving letter and resignation letter.  Further if on notice they fail then you can file a complaint with the labour commissioner.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) For this you have to talk to HR and follow the employer - employees agreement terms and conditions especially termination clause. There is no such thing like bond in the labour act. It's only permanent or contract labor laws are mentioned. So one should act accordingly your agreement.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

offer to pay 3 months salary in lieu of notice period 

 

2) also penalty for breaking the bond 

 

3) it is at discretion of company to accept salary in lieu of notice period 

 

4) if company refuses you have to serve the notice period 

 

5) your employer can deny giving you experience and relieving letter if you fail to serve th enotice period 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Eventually before the company gives you the relieving letter you have to submit all the company asset and the amount for the bond then only if company does not give you the relieving letter and experience certificate you can approach to the police station for  harassment.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

Neither of you can take law into your hands that cannot use coercive steps. In simple words you cannot refuse to return the company assets and company also cannot deny to issue relieving letter. You can approach the Labor Commissioner and get the issue resolved. If he cannot then he refers the matter to the Industrial Tribunal Under section 12 of ID Act.  

Section 12 in The Industrial Disputes Act, 1947

  1. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Unless there is any clause to the contrary in the contract it is for the company to decide whether to accept salary in lieu of the notice period. The employee does not have the right to make the company liable to accept salary in lieu of notice period.

2. Ultimately, relieving letter can be claimed as a matter of right only if the employee has adhered to his contractual obligations.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. As you have stated that 3 months' notice period is envisaged in your appointment order and after you tender resignation, you have to work for 3 months towards notice period or you have to pay 3 months' salary to your company.

2.  Since you have worked for only 1 week, in lieu of 3 months' notice period, you are liable to pay 3 months' salary to your company for not serving full 3 months' notice period.

3.  If you pay the penalty for not serving the stipulated notice period, then you have a right to get your relieving and experience letter.

4.  You can submit the company''s assets in exchange for your getting the relieving letter and experience certificate.

5.  If there is any problem encountered, you can send a legal notice to the company to get your relieving letter and experience certificate.

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

If you are ok with Payment of penalty and notice period the company should provide you the relieving letter.  You need to submit the things through proof. By letter of handover with their acknowledgement. Or sending them through registered post

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes, upon returning back the assets of the company, it is highly likely that they will issue a no dues certificate you and on the basis of this no-dues, they will proceed to process your full and final settlement figure. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Please don't try to be smart because if you think that this experience is not required by you for future then do what ever you want but in my opinion please surrender company assets first, you can join another company after informing them properly regarding your intention to do so and ask them after giving reasonable time of one week for the same, there is no bar, no one can stop you to leaving the company but in a proper way.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hello,

He can deny giving relieving letter, if you have taken an exit without fulfilling the terms of the employment agreement. If you do not gibe the belongings of the office then they may also file an FIR for theft. 

It will be better if you return the belongings and settle the matter amicably with the HR. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Breaking the bond, you are ready to penalty as per terms and agreement means, very well company can relieve you. Take local lawyer help and settle the matter amicably.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Once the  mandatory notice is issued,  you need not wait for their relieving letter.   It  the employer fail to relieve you or not showig any interest to relieve you you can walk away  happily  on completion of the  2months Notice period. Before leaving  you  ensure   your  self that  you  do not leave any  scope to the employer  to pull you in to litigation.    All your job  related  responsibilities  as per your employment  contract you have to full fill.  Once you walk out  it  for th employer  to settlel your A/c,   else  it  is an offence. 


Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer