Vishwas (Team Lead) 07 June 2010

Employer Refuses To Give Releiving Letter

Hi,

I am an employee of a Private Limited IT company in Noida, India and have resigned from my position. However, after serving the 14 days notice period of the company as per their legal compnay policy, the company still refuses to go give me my releiving letter and also hold my salary.

According to them, they will suffer the financial loss if I leave. Thet did not try to retain me but they also do not want to leave me. I have even served the company after 14 days notice period but they still trying to blackmail me that they will hold my salary and not issue my papers.

Please let me know what I can do in this case legally or in simple terms. If legally, how can I proceed with it and how long it will take (just an estimate) ? Can NASSCOM help me in this because this matter is related to an IT industry?

Please let me know upto what extent they (The company) may face the consequences, if I trap them legally.

Thank you,

Vishwas

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3 Replies

Adv. G.Narayan ( Advocate & Legal Consultant) 07 June 2010

Hi Dear !

Did your employer co. give you your Appointment Letter at the the time of appointing you. If yes, then what was terms on Notice period for terminating your service or notice period for you when you want to quit the co. .Were these terms specified in your Appointment Letter. If you have served them the requisit Notice period then you are free to leave the co. For your balance salary and other due you file may file a civil siut against your co. for recovery of the dues.

V. VASUDEVAN (LEGAL COUNSEL) 07 June 2010

Quite a number of employees imagine that the relieving letter is a sacred document to leave a company every contract is open to revocation by due notice and thus an employment contracts automatically comes to an end once the notice of revocation i.e. the letter of resignation with due notice is duly served on the employer (please ensure that your letter of resignation was duly delivered and acknowledged. If not you may send a letter confirming the fact by speed post with POD to the CEO/Line Manager and upon proof of delivery, there is no further need for letter of relieving. As regards, settlement, please write a letter demanding settlement within 15 days failing which, lodge a complain with the district labour authorities.

vasudevan

P.L. Malik (Advocate) 24 June 2010

Hi Vishwas, please read through the contents of your appointment letter once thoroughly and see what is the notice period provided in there both sides, employer and employee and in both events, termination or resignation.

Since, you mentioned that you wish to resign and your company is not issuing a reliving letter, please also let us know what was the mode of tenderence of the resignation by you, whether the same was served by hand or by e mail, if the same was served by an e mail, whether the read receipt was attached to the same or not.

If the same was sent by an e mail and there is only a verbal refusal to issue reliving letter, then you can mark another mail on the same subject, copying the MD regarding your requirement viz., relieving letter, (also keep a copy on your personal e mail ID), still your employer refuses, suggest to take the same up with in the Court, I tend to disagree with the views of Mr. Vasudevan, as I am not sure whether the matter or employment would fall within the juridiction of the district labor authorities or not, yes, if your employment terms fall in the category of workman, sure without second thought, your employment terms should fall within the jurisdiction of labour court.

trust this suffices.