Reliving letter not giving by bank and warning to terminate
Pritam
(Querist) 25 February 2018
This query is : Resolved
I was working in a private bank. I have left my job from there and there was a notice period of 90 days on which I could not complete it. I had informed them 30 days ago and completing serving 30 days notice period and ready to pay shortfall amount of rest 60 days.
but bank not giving my reliving latter.
many times I am request and mark mails to bank.
kindly help.
Yudhish Padman S
(Expert) 26 February 2018
Dear Pritam,
I see that you have informed your employer about your intent to resign and thereafter, you had served a period of 30 days and only thereafter, you had resigned. Therefore, I presume that your resignation was approved by your employer and you have completed all your exit process. After resignation, miscellaneous documents such as forms pertaining to PF/EPF, etc., will be issued after some time at the convenience of your employer. Whereas, documents such as ‘Service Certificate’, ‘Conduct Certificate’, ‘Relieving Letter’, etc. are immediately issued at the time of completion of the exit process itself because failure to do so deprives one’s livelihood. Only during extraneous circumstances, issuance of these documents will be delayed. In your case, I find no legal justification whatsoever on the part of your employer to delay issuance of your ‘Relieving Letter’. Their delay is either deliberate or a result of dereliction. Either way, your employer’s conduct is unethical, illegal, questionable, and subject to judicial review.
Under these circumstances, I recommend that you issue a legal notice to your previous employer demanding issuance of your ‘Relieving Letter’ within a reasonable time frame with a warning of appropriate legal action in case of his failure to comply which is, to sue your employer claiming for reinstatement with back wages and service benefits as compensation. In my experience, the Legal Notice alone will do the deed.
Regards,
S. Yudhish Padman, Advocate.
Madras High Court.
Mob: 9566217446.
