Employer not issuing relieving letter even after notice peri
Querist :
Anonymous
(Querist) 24 August 2010
This query is : Resolved
Dear legal Expert,
I need you kind help.
My company is a Hyderabad based ISO Certified, a Limited company. I have worked with them for 2.11 year.
In appoint letter, It was stated that “While terminating the employment, you need to serve 1 month of notice period”
Company has created a Policy on Employee Relieving on date 29-Jul-2010, with two months notice period and clearly stated on the police saying that “This Notice period will be applicable from 29-Jul-2010”
Last month on 23-Jul-2010, I kept resignation letter and served the one month notice period and after 24-Aug-2010 I asked for reliving letter from company.
Now my employer is not issuing the relieving letter and account settlement, though I served one month notice period, management is saying as per new policy you have to server for two months notice period or have to pay one month salary to get the relieving from company.
The reliving latter is important for my future; my new employer is also asking to get the same.
I was working as a permanent employee and have maintained good professional relationship with the company and its client.
Kindly suggest me where to approach and what to do to get the reliving letter and account settlement.
I will be grateful to you for your expert advice and valuable suggestion.
Thanks
Rao
s.subramanian
(Expert) 24 August 2010
You are bound by the terms of employment as on the datre on which you joined. Subsequent change will not bind you. Therefore one month notice is enough. Approach your past employer and ask for the relieving letter.
mahendrakumar
(Expert) 25 August 2010
legally,your version is correct and sustainable. But it is going to be expensive and time consuming.
yours being a private company,try to negotiate with them is the viable remedy.
Querist :
Anonymous
(Querist) 25 August 2010
Hello legal Experts,
Thanks for your quick response
As you suggested, I already asked (or) negotiated about the relieving, however they are saying your resignation is not accepted on or before the 29-Aug-2010, so you have to server for two months notice. Is that correct?
My project manager is accepted to relieve me by 27-Aug-2010 and he requested one more week to extend my relieving to train the new employee and I accepted for it and asked to put the Acceptance mail to HR team.
Then my manager went to the Executive Director(ED) of the Company to convey about my relieving, after discussion happened with ED he told me management is not accepting to relieve you before two months notice period. Their Reason is “Your resignation is not accepted on or before the 29-Aug-2010”.
Is their argument is correct, to proceed legally?
Please suggest me do I need any document proofs to proceed legally from company.
I am sure legally 100% I am correct, however I should not fail if I proceed further.
I will be grateful to you for your advice and valuable suggestion.
Regards,
Rao
