• Regarding Release Letter and suing by employer

I work in a IT firm , a startup.I have given Resignation letter .It has been 8 days they are still saying my resignation is pending.Still Not given any reply to my resignation mail.That is why I am very confused.My Notice Period according to company joining letter is minimum 2 months.It was written in Joining letter that "Prohabation period is of 6 months.But after 6 months if not confirmed then Prohabation Period will be deemed to have been extended and will continue to be in operation until further Notice".Now I am worried ,and I have a question and I have heard it earlier from a colleague in my office.I was chosen for a particular tool creation in a project.I have done as best as i can.But I have not been to complete the full creation of the tool.I will try as much as i can to finish the creation of the tool in my project.But What i have analysed its impossible for me to finish the work fully within next 2 3 months,it will atleast take more than 3 months.Now if my boss tells,which he have told earlier some of the employees also,that I have to finish this work ,whether it takes 2,3 or 4 months otherwise they will not relieve me or give any experience letter.Can they do this?If they can do this how shall I come out of this?I am worried that even after working for 2 months of given notice period as per joining letter and even after that they keep on extending my notice oeriod without relieving me,whats the point of serving for 2 months.And also They have not confirmed me whether I am permanent employee or not.Practically accordingly am I still in prohabation period?Because if i am in prohabation period ,its given in joining letter that my services can be terminated at any time by both partyors.I am totaaly confused and scared.Please anyones suggestion would be highly helpfull.Thanx in advance.
Asked 5 years ago in Labour

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23 Answers

Resignation is unilateral in nature. It must be received by employer. It comes into effect immediately. 

Reliving is different issues. Till you are relieved your liabilities to your company shall remain open to be settled legally. 

As per law one can pay up for unserved notice period. 

Further private company hardly bothers for NoC or relieving order issued by previous company. 

This are not legal requirements. Legal requirement is you have resigned. That means your resignation letter is received by your employer. It does not require any acceptance from your employer. 

Pay up for unserved notice period and you shall be free to join anywhere. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Don't confuse as you are leaving the company then clause of termination has not been attracted so please as you are on probation then can leave the company at any time without completing the notice period or whatever the clause in this regard say in appointment letter so if the employer disturb you go to the labour office and file a complaint under unfair labour practice.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You are still under probation period as you have not been confirmed 

 

2) you have to serve 2 months notice as per terms of your appointment letter 

 

3) you can refuse to work after 2 months 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Whether they accept or not, your resignation period started from date of submission. After completion of 2 months, you can relieve.

And without permanent confirmation, you are still on probation. Can leave forthwith.

No need to confuse, company cannot do anything. You are on probation and can leave forthwith.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If you don’t want relieving letter / experience certificate you need not work after 2 months of submitting your resignation 

 

if you want relieving letter then serve for 2 months after acceptance of your resignation letter 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

There is no deemed completion of probation until confirm by order. You are still on probation and can terminate the appointment by giving notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Many of  like you are unnecessarily getting in confusion in such situations due to unawareness of law on this. 

So I particularly answer such question with more clarity so that many people like you get rid of your private companies illegal demands. 

You can resign from your job at any time any moment even from govt job just by giving your resignation letter and getting it received. Even by sending registered post. 

Now if you were dealing with confidential work or documents or important documents or tools whatever it may be,  you should hand it over to your employer within reasonable time preferably within one or two days. 

This is where relieving becomes important. If you do not hand over your charge or important documents,  company may not relieve you and if required may sue you for any loss or damages. Your reliving may be pending but you can freely join other job. 

Hope this will clear your doubt. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Already answered your follow up questions. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The counting of two months notice period definitely would start from 10th June,2020 because of E mail unequivocally evidence on record. 

After reading  facts of your case I understand it is definitely deliberate act of employer to harass you for the reasons known best to them.

If your employer is registered under Companies Act then issue legal notice of your due payment and if not paid approach NCLT for Corporate Insolvency Resolution. 

If your employer is proprietorship or Partnership concern then issue a legal notice to recover your dues and if not paid file recovery suit against them.

Electronic mail shows time ,day,date,month and year.It is sufficient proof you have complied with the terms of your employment to serve notice upon your employer. 

If probation period is not responded in writing expressly  by your employer then it is not your fault that you are still on probation. 

It is construed that you are confirmed and in regular employment. Let employer say you are confirmed or still on probation it is responsibilities of your employer not yours. 

Please go ahead and take action against your employer as per  my opinion and advice. 

 

 

 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Send reminder that you have submitted your resignation on 10 th June that as per clause in your appointment letter you are serving 2 months notice period and and your last working day shall be 10 th august 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

There can is not maintainable you can contest it on merits. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Your best course of action is to issue legal notice to your employer for confirmation of status of your  job and payment of salary. If no response then be prepared to move before NCLT/Civil Court for the redressal of your grievances. 

I do not know the status of your employer whether Corporate Companies/Partnership firm/Proprietary concern?

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If you have not been issued with the confirmation letter  completing the probation period yet, then it can be treated that you are still a probationary employee only and not a confirmed employee.

You have mentioned tht you have  tendered resignation letter with intimation to serve the required two months notice period, hence you may continue to work for the notice period and can handover your responsibilities as well as the company's assets to your immediate superior by informing them about you leaving the company on the next day as per the resignation letter tendered on so and so date.

The comp[any cannot hold you back on their strength for any reason if you have complied with the requirements applicable for resignation.

If the company is not issuing the relieving letter as well as the experience letter and settlement of your F&F amount, you can issue a legal notice demanding all of them.

If the company is not responding then you can resort to legal action against the company as per law.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

If you have evidence for having submitted the resignation letter with your willingness to serve the two months notice period then you can refuse to work anymore time beyond the completion of the said notice period.

You can resort to legal action agaisnt the company if they are illegally holding you back to the employment beyond the completion of the notice period service.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Your company is bound by the law of the land.

They cannot act on their own whims or fancies.

You can refuse to work beyond the notice period already served even if they insist.

They cannot initiate any legal action against you if you do not work beyond the notice period.

You should have the concrete evidence in your possession for having tendered the resignation with an intimation to serve the notice period of two months and your last working day shall be two months from the date of the resignation letter.

Any legal action that you apprehend that the company may take on this would not be maintainable in law.

You do not have to be scared or worried about the situation.

Further, your company has not given you any letter confirming your employment hence you are deemed to be under probation in the absence of any confirmation letter.

Hence there is no reason to be worried about the experience letter as well because the experience letter for an experience less than one year is not valid anywhere for future employment.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Your worries in this regard are unnecessary.

You have followed the procedures as per the conditions of employment while tendering the resignation and also have notified your willingness to serve the to months notice period and the date of your last working day.

As pr law the employer cannot remain silent till the last moment and inform that he has not accepted your resignation.

In fact he cannot refuse to accept your resignation neither he can force you to work beyond the intimated last working day.

He cannot refuse to issue the relieving letter or the experience letter nor he can refuse to settle the full and final payments.

You can resort to legal action by first issuing a legal notice followed by filing a writ petition before high court for relief and remedy. 

If you are still in any doubt about this then you may consult a service law practicing lawyer in the local for further advises and suggestions in this regard.


Your worries in this regard are unnecessary.

You have followed the procedures as per the conditions of employment while tendering the resignation and also have notified your willingness to serve the to months notice period and the date of your last working day.

As pr law the employer cannot remain silent till the last moment and inform that he has not accepted your resignation.

In fact he cannot refuse to accept your resignation neither he can force you to work beyond the intimated last working day.

He cannot refuse to issue the relieving letter or the experience letter nor he can refuse to settle the full and final payments.

You can resort to legal action by first issuing a legal notice followed by filing a writ petition before high court for relief and remedy. 

If you are still in any doubt about this then you may consult a service law practicing lawyer in the local for further advises and suggestions in this regard.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

1. Is there any notice period mentioned in your appointment letter for resigning during the probationary period?

 

2. Resignation letters are not replied as such. Those either accepted or refused to be accepted and you have submitted your resignation letter just 8 days back giving them 2 months notice.

 

3. Hope you have already mentioned in your resignation letter the day you want to be released after the notice period when the release order and experience certificate along with all your dues are to be issued/cleared in your favour.

 

4. Normally such IT firms exploit the employees and refuse to issue release letter for which most of the good IT Companies no longer insist for release letter for their newly recruited employees but verify whether the candidate  has resigned properly or not.

 

5. If you are going to join a new company, negotiate with them informing that your employer is forcing you to continue for which he is not issuing release letter and get it confirmed from your new company that they will not insist for the release letter.

 

6.  After making the above arrangements, you can leave the Company on the schedule date as mentioned in your resignation letter even if the release letter is not issued to you.      

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You are not required to submit multiple resignation letters.

 

2. You can send reminder seeking letter accepting your resignation letter.

 

3. Do not succumb to the pressure of your employer and negotiate with your new employer for joining them without the release letter as explained in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. They may accept your resignation letter on any date but the period of notice will be considered from the date of submission of your said resignation letter.

 

2. The notice period is not counted from the date of accepting the resignation letter.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Your notice period will be counted from the date of your submission of resignation letter and not from the dte of their accepting your said resignation letter.

 

2. Ordinarily, the date of release sought after serving the notice period is mentioned in the resignation letter by the resigning employee.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Your employer cannot force you to work even if they doesnt accept your resignation letter.

2. You can leave job after completion of 2 month notice period and demand your relieving letter and experience certificate from your employer.

3. If they refuse to give relieving letter then you can send them a legal notice to demand full and final settlement and relieving letter. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. The contractual liability on your shoulders is to serve the notice period of 2 months regardless of whether you are able to finish the pending tasks within this period or not.

2. Once you serve the notice period then you are free to leave the employer and not give your services any further.

3. If the employer still does not make a full and final settlement and relieves you then you can sue it in the civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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