First you need to send them a legal notice for seeking documents you require later you can file a complaint to office of the labour commissioner and seek justice. You can also file suit in labour or civil court depending on the jurisdiction
Get the documents from previous employer
In my previous IT job, for a day, I worked from home due to some reasons for 3 hours. I have all the messages and code to show that I actually worked. They cut my half day's salary. I asked for explaination on email. But they replied that work from home was not allowed. I resigned and they accepted my resignation. I emailed and made clear that I will not be working further. I mentioned on email/phone that if payment cut from salary is credited, I will complete my notice period and return laptop. Few days before this, I had some heated argument with them as they stopped contributing to EPF account but amount was being cut from salary every month. After some time, HR called me and agreed to payment in exchange for laptop. I have those call recordings. HR also messaged me over WhatsApp to pay amount cut from salary. But on the same day, company's CEO accuses me of blackmailing for laptop and called me criminal over WhatsApp messages. They sent notice. I replied. They went to police. I approached to police. Officer instructed them to pay amount cut from salary and get the laptop in return. Company's representative gave this in writing that they paid me and I handed over laptop to them. I did not sign or receive anything in writing. No FIR or crime was registered. What should I do to get document such as experience, relieving letter ? I have emailed them to send the documents but they are asking money for data deletion and legal fees.
Asked 2 years ago in Labour
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5 Answers
1) issue legal notice to company to furnish you experience certificate and relieving letter
2) amicable settlement is best option .
You can issue a legal notice demanding the relieving letter and experience certificate.
If they don't respond or refuse citing some flimsy reason, you may approach labour forum for relief and remedy
As I can see that you have already taken several steps to try to resolve the issue, including communicating with the company's HR and CEO, and approaching the police.
In terms of obtaining documents such as an experience or relieving letter, there is no specific law in India that mandates employers to provide experience or relieving letters to employees, it is a common practice for employers to issue these documents. In some states, the Shops and Establishments Act requires employers to provide a service certificate/relieving letter promptly upon cessation of employment.
There may be option to contest in court for the same matter. For further process, deep information may be needed for finding proper legal grounds.
Dear Client,
You have the option to send a formal legal communication requesting the issuance of your relieving letter and experience certificate.
Should they fail to respond adequately or provide a weak justification for refusal, you retain the right to escalate the matter to a labor forum for appropriate redressal and resolution.
