• Company denying relieving letter

Dear Sir,

I have served a renowned R&D center company in India for 13 months. At the time of resignation, I sent mail to manager and HR regarding my relieving after 10 days of my resignation date due to better opportunities in other company. In return, my new firm is ready to pay 3 months notice period (basic salary) and the bond amount. Also, I clearly stated in mail that I am willing to pay a bond amount of Rs. 1 lac as I am leaving company before 24 months along with a notice period amount. I also got a sign by manager for acknowledgement of my relieving date. However, HR is forcing me to serve 3 months to get relieving letter. Am I able to go to take legal action against my past company as I have already communicated and shown my willingness to pay all the necessary amounts to get a releaving letter?
Asked 10 months ago in Labour from Chennai, Tamil Nadu
1) what are terms of your appointment? 

2) is there a clause that employee has to give 3 months notice ?

3) it is at the discretion of company to waive the notice period 

4)company may refuse t give you relieving letter if you fail to fulfill terms of your contract 

5) instead of legal notice go and meet the HR manager personally and request management to accept 3 months salary in lie of 3 months notice period 

6)litigation is long drawn process 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1. No body can be forced to work against his wish and your present Company is acting Arbitrarily,

2. Send a legal notice to the asking for the release letter with all associated benefits after settling your accounts,

3. If they refuse, you can lodge a complaint before the local labour commissioner,

4.You can also file a damage  suit, claiming the settlement amount and also the amount for damage caused to you and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) as per your appointment letter you are bound to give 3 months notice . since you have failed to do so company is justified in refusing t give you appointment letter

2) it is at discretion of company to accept 3 months salary in lieu of notice period 

3) had you served the notice period and company refused to give you reliving letter you could have issued legal notice to company to issue you reliving letter 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1. Though it is not mentioned that you can pay the salary for the notice period, it is common sense that if you can not give 3 months notice, you can pay the basic pay in lieu of the notice period,

2. In the Court of law, the company will stand to loose but most of the employees do not want to take the Company to the Court for which such Companies act arbitrarily,

3. It is your right to get relieved after paying the basic pay in lieu of the notice period. For execising your right you shall have to approach the Court for direction upon the Company to get the relief which you do not want to do,

4. With out going for court case you are left with only option of pursuing the said Company till they agree.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hello,
1) Your legal right to a remedy will greatly depend on the stipulations in the letter of appointment that you have. If it is stated that you have an alternate option if you are unable to serve proper notice then you may initiate legal action.

2) You can issue a legal notice to the company for issuance if relieving letter as you have taken recourse to alternate way if termination. State in no uncertain terms that the company will be held liable for your loss of opportunity and resultant loss of pay.

3) Of the company fails to comply you will have to file a suit statist the company for reliefs.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0

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