Hello, This is in reference to what I had asked few weeks back. Below is the link for reference. https://www.kaanoon.com/267074/company-is-not-agreeing-to-release-a-relieving-letter I have not served complete notice period. Out of 90 days notice period I have served 36 days only and asked to recover my basic pay in lieu of remaining 54 days which I have not served. Company has done my full and final settlement and recovered amount for the period I have not served but now they are refusing to give experience and relieving letter. They have declared me as absconding case though I have communicated my last working day when I resigned itself. Is there anyway I can get my relieving letter and experience letter from them.
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If you have given them written or emailed from personal email a resignation letter than its not a absconding. They have to give you experience letter and relieving letter.
If they are not giving experience and relieving letter you can send them a legal notice and they are authorized to charge from you lieu period amount as per basic pay for remaining period.
- As per Specific Relief Act , if any employee quits before the notice period ,the Employer can only recover the Notice pay , and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employees decision , and the employer cannot sue for breach of contract , if the employee leave without serving contractual notice.
- Except, recovery of the said amount , company cannot refused to issue experience and relieving letter.
- If, you have already resigned , then you should keep a copy of the same with you.
- Issue a legal notice , and thereby ask for giving your experience and relieving letter , within a period of 7 days .
- If, no response , then you should approach the court for the same , and also for compensation due to mental harassment and agony.
You can issue legal notice to your ex employer to issue you relieving letter and experience letter
yes. File case in civil court seeking direction to this effect.
An employee in workmen category can move to Labour court .
You should not bother if they declare you absconding.
The company's action to declare you as absconding is illegal as per law.
The company has already deducted the compensation amount in lieu of the balance notice period .
You can issue a legal notice demanding the relieving letter and experience certificate since you are entitled for the same as per labor laws.
If they dont respond to the legal notice then you may drag them to the labor court or file a writ petition before high court seeking relief and remedy.
You can give them a legal notice for experience letter and reliving letter since you informed and further settlement us also done if on notice they fail to give letter you need to file suit for same.
First legal notice for demand of relieving letter and experience letter. Also refer you are duly relieved as your option to but notice period is accepted by company and if failed to do so, you will be constrain to initiate legal proceeding to recover along with compensation for harassment.
Still not paid than approach labor court for relief.
the employer is within rights to deny issuing a relieving and experience certificate.
If they fe refusing to give you relieving letter then you should send them a legal notice through your advocate and inform them that if they will not issue relieving letter with in 15 days then they will be liable for legal proceedings against them.
If they refuse to provide you relieving letter even after notice then you hava to file suit for mandatory injunction against your employer.
1, It is purely at the discretion of the employer to buy out the notice period. The employee, unless there is a clause to the contrary in the contract, has no right to compel the employer to buy the notice period.
2. Since in your case the employer had not exercised his discretion in your favour it is to be held that you violated the contractual obligations. Hence, the employer is legally correct in refusing to relieve you,
Yes you can buy the notice period by paying the basic salary
