Neo (Eng) 18 September 2010

leaving a job in probation period

Dear Sir,

I am a IT professional from mumbai. In July I had joined a IT company having a parent company in USA and development center in Mumbai. They had given me a offer letter which says that they will issue a formal appointment letter at the time of joining but they have not given me that.

In the joining formalities they had told me that, the probation period will be for 6 months but it is not mentioned anywhere on the offer letter. According to their policies under probation period if I have resigned than I have to serve for 1 month notice period.

After one month working for them I feel that the work given to me was not satisfactory and, at the same time I got opportunity from a multinational IT company so I had resined from my position after discussing this with my superiors and sending a formal mail to HR and superiors.

According to company's HR they do not give formal acceptance of the resignation. I had served 15 days of the notice period and because I don't have any hand over or work pending my supervisor had released me earlier then 1 month. On my last working day I have completed all relieving formalities.

On my last day of working HR person had told me that they do not give relieving letter to any one but they will give my experience certificate and full and final settlement after one month. When I had called them for this after one week of my last day in company, they told me that they have some internal policy which is not disclosed to the employees stating that if a employee had resigned in probation period than they will not issue any experience certificate or money.

I have requested them a lot but they are not ready to issue either relieving letter or experience certificate and I required it for my future prospects. That MNC is not ready to give me employment without proof of resignation from this company.

My questions are,

1. Can legally employer do this?

2. Do I have done anything wrong legally?

3. Can I take any legal actions for this? If yes what is the success ratio?

4. Is there any kind of affidavit or anything can be prepared legally which says that I have left that company with fulfilling all the required formalities and I am no more employee of that company?

Please Help !!!

Thanks.

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5 Replies

V. VASUDEVAN (LEGAL COUNSEL) 18 September 2010

The company ought to have been registered under the Shops & Establishments Act. Write a formal notice (not email) in writing duly signed and send it to the CEO/Managing Director by registered speed post. If they dont respond/issue a relieving letter, meeting the labour commissioner and lodge your complaint. The company is bound to give you the relieving letter and also the salary due to you.

vasudevan

Neo (Eng) 23 September 2010

Thanks for your reply Mr. Vasudevan

I dont know they are registered under under the Shops & Establishments Act or not.

They are not giving me my last month salary, experience certificate or relieving letter. I had almost bagged then for this but they are not ready to give any of this.

Please help me.. Can I give any affidavit kind of document which legally prove that I am not associated with this company any more?

Thanks.

Amardeep Srivastava (Senior Law Officer) 24 September 2010

As suggested by Mr. Vasudevan, you should give a formal written notice. They would be bound to reply to your notice. In case if your previous employer does not respond, you can plead with the new employer that the previous employer has nothing to rebut the contention of your notice. Simultaneously you can lodge your complaint to the labour commissioner.

Neo (Eng) 24 September 2010

Thanks Amardeep I will surely follow your advice.

But yesterday I had met my employer and he was talking to me very rudely he was also using slang language. He told me that there are no rule any where in the world which force them to give me my relieving letter. They have some internal policy and on the basis of that policy if they don't give any letter or money that is justifiable.

My questions are,

Is he is right?

ANd if there are any laws for relieving letter then could any one please give me the referance?

thanks