• Employee joining competition

Dear Sir/Madam,

I worked in an company for 3 years and 9 months. I use to have day in and out trouble with my immediate supervisor in my daily work. He basically harassed me with work. The company had an agreement that restricts me from joining to competition for a period of 24 months after resigning from the company. Now, I got a good opportunity from a competition company which is definitely better for my career growth. I have given resignation from my services with a notice period of one month, as per company policy. The GM-HR immediately provided me a letter on the next day for not reporting to duties further after taking away all company belongings for me. The GM - HR threatened me to ruin my career and withheld all my FnF settlement including PF. My new employer HR is insisting for relieving letter from my previous employer which I am unable to produce.
My notice period of 1 month ends on 16th May, 2014.

Please help and suggest.
Asked 2 years ago in Civil Law from Kolkata, West Bengal
Give a legal notice to your employer through a lawyer if despite service of legal notice, needful is not done then file case in court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
if as per appointment letter you need to give one month notice then after notice you can leave the organisation , if company is not giving you relieving letter then issue legal notice to company . it cannot withold your PF dues . l;lodge complaint with regional provident Fund Commissioner if company refuses to pay PF dues
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
give one month notice , if company is not giving you relieving letter then issue legal notice to company . it cannot withhold your PF dues .lodge complaint with regional provident Fund Commissioner
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Since the letter of appointment mandates a notice period of one month you were under an obligation to adhere to the same. Now that you have resigned in conformity with this condition in the appointment letter company cannot refuse to issue the relieving letter to you. It also cannot withhold your dues as you have not violated any norm. 

Issue a lawyer's notice to company. Move to court if needful is not done by company even after lawyer's notice. It is impermissible for any employer to deny the relieving letter to an employee who has resigned in accordance with the terms of employment and thereby imperil his career prospects in as much as a relieving letter is demanded by every subsequent employer from the candidate before he is allowed to join.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear client,In that case you should immediately issue a legal notice to the company thereafter go for further proceedings if need more clarification then contact us.
Advocate Anurag Bhatt.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0

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