Relieved without releving order
sangeetha
(Querist) 09 November 2012
This query is : Resolved
hello
an employer has submitted his resignation in 2006 and in 2009 he received a
letter from the company stating that remitting his liquid damages is hereby deemed to be relieved of his service. in spite of his request many times seeking relieving order experience certificates and other benefits the company has not responded till now, now that he wants to join the company is it possible. this is a public sector company...
Guest
(Expert) 10 November 2012
The relationship between the employer and employee may be terminated at any time by either party subject to compliance with the termination clause contained in the contract.If you have submitted your resignation notice properly, your employer is legally bound to accept it.If they do not issue the release order,you shall have to serve a legal notice threatening them that suitable legal action will be taken against them,if the release order is not issued as per your notice within a prescribed period say 2 weeks from the date of receipt of the notice.However, the whole process will be time consuming and If your new employer is a public sector, they will insist for submission of release order from your previous employer before joining.They cannot demand any liquidated damages unless they had executed a service-bond with you and even in that case ,they can recover only the reasonable actual loss suffered by them due to your pre-mature termination of contract.
In view of the above,apparently you have a strong case but please take all actions in consultation with a good lawyer to protect your interest.
