• Relieving letter

Hi, 

I work in an IT company in chennai. There is 3 month notice period in my company. 
I resigned because i need to go home & have taken job permanently near my home.
On jan 21st 2021, I resigned via email to my manager. However, he doesn't not tell me that there a request need to be raised in company's internal portal too. 
He told me 2 weeks later. Now when i raised request, it took current date and schedule my last working date according to that. 
I have been running around to correct that date to the HR. And today i came to know, that unless request gets approved by manager they will not be able to make changes. 
Now, i am telling my manager to approve request to proceed but he's not doing. On contrary blackmailing to keep me there for longer. I will not be able to join new job. This way it will destroy my career. I cannot sit without job also since i have family dependency. 
They are doing like this with one more female employee. Unnecessarily harassing us this way. And as per company law we are serving 3 months notice so by not approving they are forcing to stay longer which is forgery. 
Should i go with police complain? 
Can some help on this?
Asked 5 years ago in Labour

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5 Answers

- 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.

- Since, you have already work for notice period , then no need take tension , and freely join the new job. 

- However, send a letter to the said company after narrating that you have already resigned from the job on 21st Jan, and also have worked notice period , then you are not bond to work further legally. 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It is necessary to peruse terms of your appointment letter 

 

2) there must be a clause if there is shortfall in notice period you can pay salary in lieu of notice period 

 

3) no need to file police complaint 

 

4) serve 3 months notice period and request company to issue you relieving letter 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Complaint with police would be entertained by police. 

You may have to deal with it legally. 

Instead of corresponding with them through email, you should hence forth resort to send the correspondences in writing sent by registered post. 

You first send a letter to the management and inform them that you have put down your papers on so and so date with the notice period thereon. 

Demand your dues and relieving letter with experience certificate. 

If they refuse then you may issue a legal notice through your lawyer on the subject. 

After that you can drag him to appropriate legal forum. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you have clear records to prove that you have submitted resignation letter then proceed to pursue your path and give a legal notice to them.

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

In such matter police will not interfere. If there is option you can buy back notice period. Otherwise talk to hr and higher ups. Convince them through sweet talk and request and obtain relieving letter and other credentials. Any legal action like issuing lawyer's notice  will delay your relieving process. Once you get relieving letter say them goodbuy.   

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

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