resignation of employee
Sagar Shinde
(Querist) 17 October 2011
This query is : Resolved
Dear Sir Please could you guide me, Can an employer withhold and do not issue relieving Letter to employee even if he has give a written resignation letter and served the notice period. Could you provide and link to the site where i get the details.
Thanking You
Devajyoti Barman
(Expert) 17 October 2011
The private sector in the job industry is yet to be regularised by any Central or State Act and hence it can act on its own wish or caprice.
Generally when the employee breaches any terms of the job contract or it does not wish to let the employee leave the company, it neglects to give such relieving letter.
However , nothing to worry as most of the companies knows these things and hence absence of any relieving letter does not pose any hindrance to join new company if the new company is of course so willing.
ajay sethi
(Expert) 17 October 2011
if your employer is not giving relieving letter although you have served the notice period inform your prospective employer . you cna give an affidavit that no dues are payable to your ex employer and you have served the notice period
Sagar Shinde
(Querist) 17 October 2011
Thank you sir. for your reply.
But the company is threatening the new company that it will file suit against the new company.
ajay sethi
(Expert) 17 October 2011
if compnay is threatening that it will file a suit please go through the appointment letter . have you complied with all the terms and conditions .
was the threat given in writing .
if you have not violated any law why are you scared ?
Devajyoti Barman
(Expert) 17 October 2011
If the threat of the company is unfounded then you can file complaint u/s 506 IPC.
Sagar Shinde
(Querist) 17 October 2011
Sir. the ex company HR personnel are discussing with the new company HR personnel that though the employee has give resignation letter we have not received the report regarding his duity compliance. But the fact is that the ex company is delaying the process and the employee is willing to hand over the document and other details to company.
Due to which the new company is constantly arguing with the employee to clear the matter as it is feared about the litigation procedure.
Heena Khurana
(Expert) 17 October 2011
clarify? whether employer company has been registered in delhi shops and establishment act 1954
Heena Khurana
(Expert) 17 October 2011
u can go to labour court against the management of the company, if u r on a correct side..
Raj Kumar Makkad
(Expert) 17 October 2011
Heena! Employee has already been selected for subsequent job and if he starts litigation which may take even more than 5 years, how shall he survive?
You should make a written representation through registered posts sending all documents in your hand necessary for further action of your previous employer company and should pray to settle the matter within a stipulated time and also send its one copy to your new employer failing which serve a legal notice through your lawyer and CMD of your previous employer. I hope, the matter shall be got resolved within a week.
prabhakar singh
(Expert) 18 October 2011
No, he can not legally do so.but if it does so then????
Sagar Shinde
(Querist) 18 October 2011
Dear Prabhakar Sir then what should the employee do in this case. Please guide
Sagar Shinde
(Querist) 18 October 2011
should the employee go ahead with what Raj Kumar makkad said or there is some other way out.
