See you can contest same based on the fact that NOC was issued and further can issue a notice for the reliving letter further if company intends to settle for amount then you can pay some amount and take reliving.
Recovery
Dear Sir , My Last company that I have worked with is not issuing my relieving letter because recently I came to know the reason was, they are asking me to pay LTA which I claimed and Bonus which they pain me in the month of OCT2018 and I quit the company in Feb2019.I even got a signature for clearance of no dues as well when I left. Please advice me how to proceed further I have intentions of paying the Bonus or LTA , both were indeed paid in Pro-rata. The reason I left the company was due to Mental Harassment. Regards Kiruthika
Asked 5 years ago in Labour
11 Answers
If you have not breached the rules of the contract then there is no reason why they are not granting you a releiving letter. Send them a legal notice and if they do not respond then file a case in the labour court.
Regards
You can issue notice to company to issue you relieving letter as company has given you no dues certificate
contact a local lawyer
Hello,
- If you have intentions to pay back the bonus, write to the company of your willingness and request the relieving letter to be issued to you.
- You have every right to leave employment if you don't choose to work provided you comply by obligations in the appointment letter.
- Despite your writing to them if they refuse to issue a relieving letter, you can get a legal notice issued to your former employer demanding compliance.
1) You're talking about full and final settlement of yours from company and relieving letter. However if company has found the amount should be recover from you, so you need to check the termination clauses and employment SOP of the company towards each employee.
2) You can check the agreement which you have signed at the time of joining the organisation that employer-employee agreement.
Dear client,
Employer demand not valid. You can avoide their demand and relieving certificate you can get by complaining to Labour commissioner.
you can send them a legal notice demanding the same, after that you can approach jurisdictional labour court..
You need to file a complaint to labour commissioner. He will issue notice to the said company. The matter will be resolved through mediation. If not then you have to proceed with the said Complaint for labour court trial
1. Since you have been issued no dues certificate the company is bound to issue the relieving letter if you have resigned in accordance with contract i,e if you have not violated the notice period clause.
2. Serve a lawyer's notice to it to relieve you immediately. A suit for mandatory injunction can be filed before the civil court if you are not relieved even after notice.
If you are going to be placed in a better job, better pay back the bonus and LTA to your previous employer and get the relieving letter, so that all unnecessary hassles are avoided. Please remember you can always earn your money back, and not mental peace.
You can issue a legal notice to the company demanding relieving letter and also your F&F dues, if the company is asking your to pay the amount which was wrongly paid to you, after ascertaining the facts, you may incline to pay them back. you may discuss with an advocate about issuing a notice to this effect.
