• Employer forcing to work to get relieving letter

Hello,
I'm working in an IT firm located in Noida, Uttar Pradesh, since April, 2013. I resigned on 1st August 2014 to join some other IT firm. On the resignation day itself I told the management of the current employer that I haven't signed any legal document that says to serve a notice of 2 months from the date of resign. This fact was accepted and was escalated to HR and Project manager. I requested them to relieve me on immediate basis as I have to join other firm on 1st of September. To this, the project manager said if you haven't signed any legal document, which they call appointment letter, then you are legally not working here for a you are not eligible to get the relieving letter and will only get if you serve the company for 2 months. 
I've got the employment id, salary slips , offer letter, confirmation letter and appraisal letter and still they are saying I haven't been appointed as a employee here. 
I'm in complete mess and needed to find a legal way to get my relieving letter. I cann't serve complete 2 months as this will cost my new job.

Please suggest me a way to get out of this.
Thanks
Asked 2 years ago in Labour from New Delhi, Delhi
Although you have a remedy in law by filing a suit but since you need an immediate solution,  I will advise you to go to the labour commissioner office, meet the inspector under shops and establishment act, make a complaint in writing. Request him to visit your employer immediately. I am sure your problem will be solved.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
Hello,
A noticeperiod is mandatory when you resign from any company.It could be a month,2 months or 3 months as per the terms and conditions in the appointment letter.However in corporate world it has alkways been a practice to  allow anyone to quit on an abrupt notice or without any notice in lieue of better employment opportunities.Therefore going by the arguement that the company suffered losses as there was no notice before quitting you would have to offer to pay a month's basic salary to the company so they issue the relieving letter.Their denying the fact of appointment is a falsehood as the documents in your possession namely the employment id, salary slips , offer letter, confirmation letter and appraisal letter  would go to prove employment.
Talk to the management again as suggested.If that fails approach the labour commision,send a laegal notice to the employer..
In the mean time join the new company and request some more time for production of the relieving letter from thw current company.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0
1. How were you appointed in the said Company?

2. When you had joined the Company, did you receive any appointment letter? If not then who told you to join them? What is the document through which you had joined them? You are silent on this important matter,

3. Actually if you have joined them where they have forgotten to issue you appointment letter detailing the terms of the appointment, then it is their mistake for which you are trying to take benifit of,

4. You can send them a legal notice askinbg to asking them to issue you a relieving letter,

5. If they refuse, you can file a damage suit in addition to complaining the matter to the labour commissioner,

6. Try to settle the matter amicably, if possible, since your emloyer can delay issuing the release order on some ground or other for want of which you will not be able to join your new company,

7. Moreover, if your new company comes to know that you have taken advantage of the mistake of your earlier company and left without giving notice, they may become reluctant to employ you,

8. Handle the matter carefully.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
you follow my advice. It has worked in many cases and I am sure it will help you. This is what can help you immediately. You request the inspector visit immediately..Meet the Labour Commissioner as well with your complaint.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
Send them legal noticeasking for a reliving letter and if they give an option of  basic salary has to be paid to the company for the relieving letter ,for not serving two months notice agree and get your relieving letter.
Though  it is not advisable to take this matter to the court as you have a new job to lose but if the relieving letter is necessary you have to take a step.
Give the company 7 days time in the notice and if you do not get a response approach the labour commissioner  office. In the commissioner office you have the option to file a complaint for the normal proceedings and ask for an inspection  . Usually the small time companies do not invite such trouble as they are making lapses on many labour rules.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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