Relieving letter
Anil Kumar
(Querist) 20 May 2021
This query is : Resolved
I am working in a medical college and i have applied resignation recently. I offered to pay 3 months salary as per MOU and also serve 3 months notice period. But the management is threatening that the relieving letter and my original certificates will not be given till proposed NMC inspection is over (Even they dont know when it will happen).
What can i do.. Anyone plz suggest.......
Sankaranarayanan
(Expert) 20 May 2021
once you communicated properly regarding your resignation if the management threaten and not ready to gives back your certificate then send a legal notice and file a case against the institution with the support of local lawyer
Advocate Bhartesh goyal
(Expert) 20 May 2021
Both you and management are abide by the items and conditions of MOU. As per MOU condition, You have issued three months notice to management for resignation and also offered three months salary inspite of that if management threatens you and not compling with terms of MOU and not relieving you in such situation you have to knock the doors of Labour court..
Anil Kumar
(Querist) 20 May 2021
Sir, approaching labour court and all, is it not a tedious process.. I mean issue may take long time to resolve.. I have to join new organization by June end..
Advocate M.Bhadra
(Expert) 20 May 2021
You can ask the following documents from your organisation while on last day of your work (leaving) in the organisation .Full and final statement, .Service certificate ,.Relieving order.
Failing which you can lodge complaint to the Labour department in your State or File a case in Labour Tribunal or make written complaint to Police Station of the area where your office is situated with a photocopy of acknowledgement. You will get your certificates back, because legally they can not keep your marksheets/certificates and or any documents in their custody.
kavksatyanarayana
(Expert) 20 May 2021
Yes. I agree with the above learned expert Mr.M.Bhadra Sir.
Dr J C Vashista
(Expert) 21 May 2021
Well analysed, opined and advised by experts, I agree.
Sankaranarayanan
(Expert) 21 May 2021
What purpose the court functions? if your all efforts are went on vain then no other remedy except knock the door of court. You may feel it is delay and tedious process but you can finally achieve fruitful result.
T. Kalaiselvan, Advocate
(Expert) 21 May 2021
If you have completed your notice and still not getting relieving letter from the current employer in-spite of requesting them you are allowed to sue the company if at all you have the offer/appointment letter with you and a proof of the notice period served
The company must issue a relieve letter along with experience letter after the completion of the notice period. In the event of non issue of relieving letter or any required document for the employee that amount to breach of the contract and you are entitled to get compensation and damages from the company.
If the company has failed to give opportunity to serve the notice period and to failed to give the certificates and stick the compensation in lieu of notice period, at that time you have to file petition before jurisdictional district labour commissioner in this regard, they will settled the matter by giving relief ...
even if you have accepted their terms, it is illegal and infringe Fundamental law either by Indian Law and Provision of services contract because employer cannot keep your original certificates.
