• About notice period serving

As per my appointment letter notice period is 2 months and I already submitted my resignation on 14thMarch 2022.
I asked them I will serve one month notice period that is I will work till 14th of April 2022 and also I will not take any salary from them from 1st March 2022 to 14th April 2022 even I submitted the medical doc of my wife who is seriously ill. And due to this medical reason I am resigning, for her treatment. Still they are not agreeing to give Release letters 
& Experience letter and harassing me. What should I do in that case? Can I take any legal action against them? Is there any possibility to get Release letter & Experience letter from them?
Asked 2 years ago in Labour

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10 Answers

You can offer to pay salary in lieu of notice period as your wife is seriously ill 

 

2) company may not give you experience letter or relieving letter if you fail to serve notice period 

 

3) no need to take legal proceedings against company 

 

4) litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
94960 Answers
7576 Consultations

5.0 on 5.0

There are many things you can do. You can issue them a lawyer's notice  and file in case in labor Crime/civil Court and force them to give you relieving letter, experience letter and other credentials. But legal proceedings  take time. Better to talk them and buy back the notice period and settle it amicably. Any legal action will cause delay and spoil your name in job market.

Ravi Shinde
Advocate, Hyderabad
4067 Answers
42 Consultations

5.0 on 5.0

If you have a genuine problem and they are not ready to give you the relieving and experience letter then you may give them a notice stating that you have resigned and in case they don't respond then the resignation would be deemed to be accepted.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

If you have followed the procedures or the rules regarding resignation properly then you don't have to worry about it even if the company is not furnishing the required certificates namely relieving letter and experience certificate.

You can issue a legal notice and then file a complaint with the labor forum subsequently.

 

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

- 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.

- Hence, the said company cannot force you to continue the work and also cannot refuse to issue release letter/experience certificate for the period you worked there. 

- If refuse then sent a legal notice to the said employer for the same. 

Mohammed Shahzad
Advocate, Delhi
13374 Answers
199 Consultations

5.0 on 5.0

Any legal action would be time consuming.

You can approach the labour authorities under the Shops And Establishment  Act with a complaint. This will help you in seeking immediate  solution  to  the problem. 

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

Hello,

  1. Yes, you are entitled to get relieving letter and experience letter from the company even though you are not serving the entire notice period. They can at the most charge you for the deficit of notice.
  2. If they refuse to provide you the relieving letter and the experience letter, you can issue a legal notice to the company demanding them.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

Dear Client,

                  If you have completed your notice and still not getting relieving letter from the current employer in-spite of requesting them you are allowed to sue the company if at all you have the offer/appointment letter with you and a proof of the notice period served.

Thanks & Regards

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

The employer has every right whether to accept your resignation or not and also to insist on your serving the notice period in full. They may delay your relieving letter and experience certificate unnecessarily. In your own interest act tactfully.

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

Yes serve them legal notice. Pay 1 months basic salary in lieu of notice period

Prashant Nayak
Advocate, Mumbai
32092 Answers
183 Consultations

4.1 on 5.0

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