it is necessary to peruse terms of your appointment letter to advice
2) since you have resigned within period of 2 years you have to return joining bonus
3) it is at discretion of management to waive notice period and accept your resignation letter
Not getting releiving letter from company
Hi, I was forced to resign from my current firm after being put of performance improvement Program and they didn't allow me to get my notice period of 2 months also which is mentioned in my offer letter nor any severence pay and forced me to resign same day and made it my last day saying that if I don't resign, they won't give me my releiving letter. Now after I resigned they are coming back to take back joining bonus which they gave at start as it's mentioned on offer letter that if I don't serve 2 years in firm, I need to return back my joining bonus and are again saying they won't give releiving letter if I don't return bonus back but they have forcefully made me resign. I worked there for 1 year 3 months. Can they do this?
Asked 3 years ago in Labour
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10 Answers
But they forced me to resign, I didn't resign by myself, they forced me to resign that they won't give releiving letter if I don't resign. I didn't resign of my own will. Also, is releiving letter important to show for my next job Or can I do without it? I already have the last 3 months salary slip and offer letter.
Asked 3 years ago
You have in your resignation letter not mentioned that you were forced to resign
2) your offer letter and 3 months salary slip should suffice for next job unless your new employer insists on reliving letter
If the employment offer conditions are that on termination of your service by the company then they may have to pay the severance pay which would be two months of salary, but since you were forced to resign, it can be deemed that you voluntarily resigned the job.
However you can issue a legal notice demanding the relieving letter subsequent to the resignation, and if the company is not responding or doesn't compiles with the demand then you can resort to legal action as per law
If you mention this employment in your resume and also in the application form for new job then you certainly should possess the relieving letter.
Even though you were forced to resign, the resignation is from your side only.
You should have substantial evidence to prove that you were forced to quit this job.
You can send them notice under IT Act 2000 and Industrial Dispute Act.
Check the employment agreement can they ask for bonus back again when termination clause is there.
- As per law, 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.
* Since, you were forced to resign then the said company is bound to issue Reliving letter even without the serving the notice period.
- Hence, you can issue a legal notice for getting the reliving letter.
Dear Client I am sorry to hear that but in this case you can approach the higher authority and register a complaint against them tomorrow what you can also file harassment complain against the authority
You can send them legal notice and then file a case before labour commissioner office or labour court against them
If you have proof to show that the resignation was forced, then they'll be liable to pay you the salary in lieu of notice period.
You do not have to pay them the joining bonis if the resignation was taken under duress.
You can do without a relieving letter. If your future employment asks for it, you'll have to approach court against your ex employer.
Without relieving letter from ex-employer you will not get any job. You can go to court and get a relieving letter but that will take not less than two years till than you cannot join new job. Talk to employer and settle amicably, take your relieving letter and say good bye the him. You will get better job.
