Hi, The employer gave me a notice period of 3 months. I have served around 38 days notice period. To decrease the time of the notice period I had requested them via email but they denied my request. After that in one meeting, he agreed for the buy out the notice period and I also accepted his request. In the lieu of the notice period company deducted my March 2020 bonus as a buyout option and given me the full month salary. On my last working day, I have sent an email to say thanks to my teammates/hr/manager. In meanwhile, after 30-40 minutes I got the email from the company's Director/HR stating that I have to pay one month's salary to leave early (as a buy out option.) After that, I contact them over the email so many times now they are demanding more amount to clear my dues and after that, they will provide me the reliving letter and complete my other formalities. So can any body please guide what to do here.
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Releiving letter is indeed an important document to prove that you have completed all the formalities in your previous company.
Relieving Letter is given when you are finally relieved from the job. Before that you have to give proper notice or pay lieu of notice, settle all dues, return all the properties of the organsiation back and get a no due certificate. Generally, relieving letter is given once all these formaliies are over.
You can write a detailed letter mentioning the amount deducted from your bonus towards the compensation in lieu of the remaining unserved notice period and seek the intervention of the top management to release your due salary, experience letter and relieving letter immediately.
This communication sent by registered post shall be addressed to the top management of the company.
If there's no response or compliance then you can resort to legal action against the company by first serving them a legal notice demanding all the said reliefs.
Actually you can buy the notice period by paying basic salary. They can't hold your relieving letters etc for the same. If they do you can send them legal notice and complaint to labour commissioner office or labour court
They are trying to harass and exploit you. Therefore don't listen to them. Leave the company and don't do what they tell you. They cannot do anything. They cannot go on changing the rules.
You should pay for shortfall in notice period
then obtain relieving letter and experience certificate from company
1. The notice period was 3 months, whereas you had served 38 days. The bonus of March 2020 was deducted. This would still leave notice period of a month unserved. How did you compensate the employer for that?
2. You are bound to serve the unserved notice period, if any. Unless the notice period is served you cannot make the employer liable to issue the relieving letter.
Dear Sir,
The SC court says resignation cannot be denied and it is your fundamental right to get reliving letter. You may approach the Labour Commissioner under the following section an know your rights. Or you can file a criminal case as he is black mailing. Needs further discussion.
Section 12 in The Industrial Disputes Act, 1947
Calculate the pay for unserved notice period and how much of it already adjusted from your dues.
If any balance is there pay it up and demand for issuance of NOC and relieving oder, in default sue them in court.
As per normal practice in private sector , a new employer hardly bother for NOC and relieving letter issued by previous employer .
So you gauge your requirements and act accordingly.
Do you have any record of buying out the notice period by getting your march bonus deducted?
If yes than serve them with a legal notice and than file a specific performance suit against them
Send them a legal notice calling upon them to quickly do your full and final settlement and issue in your favor a relieving letter. They already having deducted your march bonus in lieu of not serving the notice period completely, cannot ask you t pay up again. send them a legal notice through a lawyer explaining everything.
Send a legal notice to your ex-employer to settle your account forthwith, otherwise complain against the Company to the jurisdictional Regional Labour Commissioner to resolve the issue.
A. Generally, terms and conditions of the appointment order shall prevail over all verbal communications. You need to verify the clause towards Waive off notice period and buy or payout compensation in the Appointment Order.
B. You need to comply the terms and conditions of the appointment order. You can be only relaxed from the notice period relaxation at the discretionary power of the Company. Else you need to pay remaining period of the notice period.
C. You can send an email by narrating all your verbal communication and notice period relaxation agreed by the Company. However, in the absence of any email records or documentary proof, terms and conditions of the appointment order will prevails before the Court.
D. Finally, if your subsequent company is insisting for any no due certificate or relieving letter then only you need to worry about all these documents else it is not required. However, the Company can claim the same towards remaining period of notice period compensation subject to valid appointment order execution between employer and employee which means you need to sign all the pages of the appointment order. Hence, you can convince the new company in connection with the present issue.
- 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 employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, better serve the notice period only to pay the same , and tender your resignation with the request of issue Reliving letter/experience certificate.
- If refused, then sent a legal notice, after stating the details, and thereby ask to issue Relieving letter .
If, no response, then you should approach the Labour tribunal.
Do you have their acceptance to buy notice period by not paying bonus. If yes than you better appoch labour court for directions to release document.
No more amount payable once company accepted in writing or agreed to prior buy out option.
Kindly send him legal notice via your email id . if still they don't listen to you then in second time do keep in cc labour registrar of company and labour commissioner of your city.
In case you are facing these problems then you have to send a legal notice to your employer all the relevant facts and provide him a time of 15 days to provide all the document along with the nodules and any other amount pending in this case if he fails to do so as per the legal notice you have to file a civil case in District court against the employer to get the direction from the court
If you have proof regarding buyout of notice period in lieu of bonus of March then you can send a legal notice for relieving letter and experience certificate to your employer that as per agreement you left the job after deducting bonus of March.
If they refuse to provide relieving letter and experience certificate even after legal notice then file suit for mandatory injunction against your employer.
