• Relieving documents

Dear sir,

I have worked for a IT company from May 2016. in May 2019 i have sent my resignation letter requesting for early relief. RA accepted my resignation & for early relief. During the Notice period due to personal reasons (am mother of 1 year old child) i had to take leave though i completed all my handover to my relief and in agreement with RA & HR last day of my work was mutually decided. I completed all the formalities, for the relieving Letter they asked me to pick up within a week as HR was not in office. after 1 week when i visited the office, HR asked me for 1.5 Lakh ransom for the relieving documents for which i refused and after 10 days i received Termination Letter stating i took leave in notice period and did not handover properly. Please help how to go ahead about this.
Asked 4 years ago in Labour

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13 Answers

You need to file a complaint to dy commissioner of labour and seek direction against the said company. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Reply to noitce through Advocate. You must be having communication for acceptance of resignation, last day of job, handover formalities, etc.

Also write to senior management about her demand and termination is afflicted with vengeance and extortion.

Relieving documents you can receive by approaching labor commissioner. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Hello, 

Send a legal notice to them and if thereafter also they do not release your document then file a complaint before the labor commissioner with regards to the said illegality. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

File complaint against your employer before labour commissioner for unjust termination when you have already resigned and your resignation was duly accepted 

 

2) take the plea that termination letter was issued as you refused to pay Rs 1.50 lakhs demanded 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

A legal notice must be give to the hr and in cade the company does not give you a relieving letter file a case in the labour court.

You can also file a criminal complaint for asking for bribe.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Where is the problem ? Many employees unnecessarily spend time for collecting releiving letter. If company does not relieve you for a long time will you be jobless for that period. Indian law does not support it.

once you submitted resignation and it is received by your employer employment relationship comes to an end immediately. It is not required to be accepted by your employer. You can join new job next day.

Now relieving is totally different thing. It confirms that you have been released from all sort of liabilities to your employer. If you do not clear your dues if any company may not relieve you till dues are not cleared by you. But this can not be a bar to join new job by you. Otherwise employees will turn into bonded labour which system has been abolished from whole world long long back.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See reply to the sait illegal notice of the company and further file a complaint before labour comissioner and in labour court for the document and reliving letter.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can make complaints in labor registrar of the company.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

Reply to the termination letter by appending the supporting documents.

Challenge the same before court if they do not respond to your reply.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear

In this case you can file a suit for illegal termination in the court of labour commissioner against the company and its HR manager.

You should attach copy of all the documents like resignation letter copy of all E-Mails which are exchanged between company and you regarding last working day.

Also mention about the ransom demanded by HR in exchange of relieving letter which you refuse to give after which you get termination letter. 

You can also lodge FIR against HR for blackmailing you for issuance of relieving letter.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

you can file a complaint before labour department. the labour department shall charge the employer for an unfair trade practise. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

You are suggested to send a legal notice and ask the management to look into the matter and take suitable action within 15 days and if no action is taken by them. Then file the case in court. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can challenge the same in high court by filing a writ petition.

In the writ petition you may mention that the leave was sanctioned by the competent authority hence there was no legal infirmity in it to avail leave during notice period,.

If at all it was not permitted they could have very well stopped your leave, so you can represent further stating the authorities concerned is taking a personal revenge on this for the reasons known to them especially after sanctioning the resignation and agree to issue relieving letter.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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