Hi,
Please help me in resolving this issue. I had been working in ZX company for 27 months and my offer letter says that ' Either party can get out of this contract by either giving notice period or paying basic pay in lieu of notice period. Thenotice period shall be 1 month before confimation and 3 months after confirmation. Recently I had got a very good offer and I had to travel to US within 20 days. I put my papers on feb 27, 2007 and intimated that I am ready to pay 3 months basic pay in lieu of notice period and I wanted to be releived by March 15, 2007. I was not assigned any work at that point of time and I finished my KT requirements as per the PM's request. On march 13th 2007 I got a reply to my resignation letter which I had put on feb 27th saying that I can only be releived by May 28th which I was not in a position to accept since I had to go onsite for project assignment on March 25th from the new company. I had literally walked out of the company on March 14th after intimating the HR through email and getting an acknowledgment for the same. But in May 2007 I received a termination letter, but i never got any show case notice or anything like that. Now when I approached the ZX comapny they told they are willing to give service and exp certificate but no releiving letter. I feel i am just right to get my releiving and F&F settlement. Please let me know.
In case you have acted as per the contract of service, then the company has no right to terminate you. Such termination is bad, moreso when no show cause notice and enquiry is forthcoming in this regard. However, in law, there is nothing like a relieving letter. It is only a convention to seek for the letter from the earlier employer to be submitted to the new employer. Moreover, since your employer is ready to give the experience certificate, even without the said relieving letter you are safe.
Regarding the F & F Settlement, you have every right to claim. The employer cannot deny your legitimate claim irrespective of whether a relieving order is issued or not. In case, the company is not willing to pay your dues, just see a local lawyer and issue a notice and if need be take the case to the labour officer.
