Refusal to give relieving letter
Querist :
Anonymous
(Querist) 09 June 2010
This query is : Resolved
My hubby was wkg as a VP in a proprietary tdg firm. After having been into job for 7 yrs, he started looking out for own business opportunities. His boss learnt about his this activity as 2-3 other colleagues of his were also involved. The boss forgave everyone but took away the team of 20 people reporting to my husband from him. My hubby resigned from the job. Initially they were not accepting his resignation so we mailed the resignation, dropped 1 copy at the office, surrendered the car and mobile one day. Next day the boss called my hubby and gave him an acknowedgement for the handover of company assets. Told him that it was nice wkg with him and the relieving letter will be sent once the Admin Guy comes back. All this happened on 6th May, 2010.
The company policy says that 3 months notice period is to be served but due to their job role, any employee who resigns is asked not to enter the premises immediately.
They are refusing to give the relieving letter. On following up, they are threating to send legal notice.
My questions: How to get the relieving letter? What is the legal course of action available to us and is our case strong enough?
mahendrakumar
(Expert) 09 June 2010
if as per the employment contract,your husband is liable to give three notice period for resignation,he is bound to give the same to the company for proper release from the company.
inspite of giving the notice pay,if they are not relieving you,sent a legal notice to them.
Sankaranarayanan
(Expert) 09 June 2010
asper ur explanation, the resignation letter been sent by post. Are you have proof of sent the letter by RPAD.IF so then u file the letter before the Labour court and explain abt the threat with proper records and evidence. IF any agreement he singed then all rules are bound to that agreement.
Harshada Shukl Kulkarni
(Expert) 09 June 2010
Hi !
First and foremost it is very important to look at the finer points mentioned in the Appointment letter. Also, you must be having all the evidence and/or documentary proofs as to the dispatch of Relieving Letter and also the covering letter thereby mentioning that all the assets of the Company have been delivered to him. If the appointment letter suggests that 3 months notice should be given then your husband should have given it, however, your husband can now take a stand by sending a legal notice mentioning that due to harrassment and illtreatment of the boss, he was morally down and frustrated and the boss has compelled him to resign from his duties. This will help him to get his pending dues (if any) including PF and Gratuity. Do note that before sending the legal notice, for gathering evidence and as a last chance your husband should send his ex-boss a formal letter therein mentioning that he has duly returned all the assets of the company for which the boss has acknowledged over a phone also, and wait for 2-3 days for any favourable reply. If not, then he can immediately send a legal notice to that effect before his boss sends him any notice mentioning theft of his assets given to your husband and/or for recovery of notice period money.
Querist :
Anonymous
(Querist) 09 June 2010
The resignation was mailed to him and he replied on that mail saying that the exit formalities will be done by the Admin Guy once he is back. After that he got another mail saying that relieving letter will be sent to him soon. But now they have clearly denied.
One thing now as my husband has resigned without giving notice, will legal action work? I mean they can argue that he has not served his notice period as the employmt letter mentions 3 month notice and we have no written proof that he was asked not to serve the notice period.
B K Raghavendra Rao
(Expert) 09 June 2010
Since your husband was working as VP, he cannot approach labour court. He needs to approach civil court for a direction to issue relieving letter. This would take a lot of time. Your case is very strong in your favour. If three months notice is to be given for quitting the job, there would be another clause that in lieu of three months notice, three months salary may be paid by the employee. If this is sorted out, the employer has to issue relieving letter subject to nil liability otherwise.
Better to approach personally and request suitably rather than seeking legal course of action.
