• No proper relieving

Myself working in a private software concern from September 17th of 2018. I have also completed my probation period of 3 months. Due to some personal reasons I have decided to resign my job, but during our formal discussion they asked to stay in the company for one year. But I have decided to leave, now my HR manager is asking me to serve my notice period of 3 months. Still they will not provide any formal documents as a proof of employability. eg experience or relieving letter. As these documents are required for my future employment, kindly suggest me a way to proceed
Asked 7 years ago in Labour

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18 Answers

Hello,

if there is a clause of serving notice period in the employment agreement then you will have to serve the same.

the company will provide you with proper relieving letter after the same.

if you do not do so and leave the company then the company has the righ to initiate legal action and not give you any letter.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

the company should provide an experience certificate and a proof of you working there, there is no need to comply with what they are demanding from you. in fact, this is ridiculous as you did work there however short it was. therefore leave the co. and don't serve the notice period.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Have you tendered your resignation? If not first send your resignation in writing and express your willingness to compensate the notice period by paying the salary for the period of notice.

After accepting your resignation they will relieve you and you can get relieving letter

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

You have to serve the notice period as per terms of your appointment letter 

 

2) your appointment letter , salary slip is sufficient proof of your employment 

 

3) you can issue notice to company to provide you experience letter on completion of notice period 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

See you can serve the notice period and then can issue a legal notice if company fails to provide you experience letter and full and final settlement. If on notice also company do not provide a complaint with labour commissioner can be filed and he shall try to resolve if company not ready then matter can be put up in court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) If you have served notice period than no need listen them or they don't have any rights to say wait back to one year.

2) Do you have acknowledged copy of resignation or have sent resignation from your personal email id ?

3) Do let me know you date of resignation and last day of working.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If there is a notice period given in the contract then employee is bound to adhere to it unless the employer in its discretion agreed to waive it.

2. Employer cannot be made liable to relieve an employee who resigns in violation of his contractual obligations. 

3. Adhere to the notice period, and if then you are not relieved then you can successfully sue the employer.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. This is quite common problem in most of the organsiation and due to absence of an a set rules and regulations governing the field the employers often keep the employees at ransom.

2. Anyway try to resolve this amicably as legal route is not suitable due to time and money involved.

3. You can anyway lodge complaint with the labour commissioner.

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

Yes you can legally get your experience and relieving letter company cannot deny for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can issue legal notice to company to provide you relieving letter 

if company refuses you can take legal proceedings against the company for relieving letter 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

1) Its just six months and you have gained a software application knowledge than you should not require any experience letter. 

2) If you have given resignation and have acknowledged than you can leave the company it new company will accept you without relieving letter. However later on old company has to give experience letter.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Please join the current company and inform them that relieving letter is under process, if they allow you to join then this will become secondary thing, continue your process to obtain relieving letter. Please submit copy of offer letter and resignation at the time of joining then you are not committing any fraud or can not be called a absconded employee as the fault will be of previous company , don't consume more time now as this has become the habit of employers specially in IT Companies.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes you can move to the labor court in case you are required to approach the court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can very well get the relieving letter by issuing a legal notice if the company is refusing to give the same even after serving them the notice of resignation.

You dont worry about the resignation being approved or not, they cannot hold you even one day against your willingness if you have put the papers down.

You first serve the three months notice period

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

The relieving letter should be issued the same day when you're going to exit from the company. If the company does not issued the relieving letter it means that your resignation is not accepted and also still you are employee of the company until unless the company issue the relieving/ accepted resignation. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

If you are satisfied with their terms and conditions then it is ok otherwise you should treat the letter of resignation as final and no notice period should be served.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that they are acting in an arbitary manner, if they still insist on you to compete one year.
  2. And if there is no such condition in the employment agreement then they can’t even think of asking/demanding it.
  3. Even I advice you to please look at the agreement once again and try to look for any clues ewhihx might be talking about some amount in lieu of not serving the notice period.
  4. And if it is there, and they deny to give relieving letter etc. then you would have to file a Writ in the nature of Mandamus under article 226 before the Hon’ble High Court to ask for early relieving letter as this is hampering your career.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You can Complaint to labour commissioner he will take action against them and give you justice 

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

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