• My previous company is not issuing Relieving Letter

During covid times, I had family emergency due to which I was not able to attend office. I told my employer the same and asked them to relieve me of any duties and they can settle the amount against my notice period. They did not heed my request and issued three letter of warning and after almost 6-7 months, terminated me for absconding. They have done the recovery and have provided me with Full and final settlement but refuse to give Reliving letter. I have worked in previous company for over 2.5 years. I have reached out multiple time to my previous company HR but they are refusing to provide me with relieving letter or experience certificate
Asked 3 years ago in Labour

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9 Answers

issue legal notice to company to provide you relieving letter or experience certificate 

 

in legal notice mention emails sent to company regarding issue of relieving letter 

Ajay Sethi
Advocate, Mumbai
99794 Answers
8147 Consultations

As the organisation has relieved you besides settling the full and final payments as per company rules and norms, you are officially and legally relieved from the organisation.

In the given condition/situation you are entitled to get an official relieving letter as well as an experience letter.

If the organisation is not responding or refuses to furnish the desired certificates, you may issue a legal notice through a lawyer and demand the same and if the organisation fails to respond to the legal notice also then you may approach the labor court for necessary relief and remedy

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

FnF is settled, your ex has not dues from you. After all efforts of amicable settlement have failed, you can try issuing of lawyer's notice seeking relieving letter and experience certificate, result to legal remedy takes time and it may also antagonize you employer having further consequence of damaging your reputation in job market. Therefore try to obtain the same through negotiations. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You send them a legal notice through lawyer and if same is not issued file a complaint to dy labour commissioner office or labour court as per the case to case basis

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

- 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.

- If said company is not issuing the Relieve Letter , then you can send a legal notice for getting the same .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Steps taken by you for not responding to their warnings are not correct.

 

2. They have terminated you which means that your services with them are no longer required.

 

3. In the given circumstances no separate Relieving Letter will be issued by your terminating employer. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Hi, Fist issue Legal Notice and in spite of issuance of Legal Notice, the company failed to issue Reliving letter then you need file a suit in the jurisdictional court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear client, I am sorry to hear that but in this case if you can resolve the matter am I care really but if it not happens then you may speak the records through the court and enforce your rights that has been given under the agreement while joining the job. However if your agreement does not provide for any such remedies then it is not possible.

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

If the previous employer has terminated your services for 'absconding', you cannot claim any relieving letter or experience certificate by matter of right. You should feel happy they settled your dues. Please move on.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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