ligil vijayan 09 March 2021
Ritesh Maity (Labour Law Advocate) 10 March 2021
Service condition, if changed, without complying with the provisions of Sec. 9 of the Industrial Disputes Act, is not allowed. In your case it seems that company has subsequently changed the service condition unilaterally. You are required to follow the terms and conditions as incorporated in your letter of appointment.
Simply submit your resignation in terms of your letter of appointment. Keep an acknowledgment of your resignation for future reference. Let the company revert back in writing.
ligil vijayan 10 March 2021
Thank you Ritesh sir for ua valuable information
What if they denied to give me the releiving letter or experience letter which will be mandatory for me to join the next company .
Since the HR policy is renewed on march 2020 can thy say why didn't u gv non acceptance letter at that time, now u have to follow the new HR policy itslf orelse we will take legal action.
Whether i will be liable to any legal consequences later on.
And in my appointment there was two clause in one clause tht mentioned u will be forced to follow the time to time change in hr policy and in second clause they hv written if thr is any change in service conditions thn ua not liable to the change in ammendment until n unless communicated by the undersigned and it shld be in writings . So im not understanding on what basic there are confident to say me u can go legally evn we will c it legaly if u want so orelse u stay 90 days in site itslf cant evn allowed to payment lieu and reduction by earned leave u hv to complete 90 days in site due to company requirements and recently i have cought wth corona and my employers didn't evn calld me one one week continuous and thy whr not caring itslf nw aftr beeing negative also thy are forcing ne to wrk in site itslf and gvng lot of mental torture.
What can i do sir
Ritesh Maity (Labour Law Advocate) 10 March 2021
There is no law which can compel the management to issue relieving/ experience letter. It is always the discretion of the management.
The management may start legal proceedings against you for not paying in lieu of the notice period but in all practical sense it will be very difficult for the management to win such case in the court of law.
ligil vijayan 10 March 2021
Sir i have given my resignation on feb 13th on march 13th my actual notice period will get ovr as mentioned in my appointment letter and im ready to stay till march 13th and want a smooth releiving but thy are forcing me to stay 2 more mnths on the basis of updated hr policy so in that case wthr evn after completing 1 mnth notice period can thy start legal proceedings on not payng in lieu of notice period , can i get my releiving letter on basis of completing the terms n conditions mentioned as per my appointment letter
Ritesh Maity (Labour Law Advocate) 11 March 2021
1. You are required to serve 1 months notice as per your letter of appointment since the service condition which was changed later was without your approval.
2. There is no law to compel the management to issue any relieving/ experience letter (In this case you have to just convince the management)
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 12 March 2021
It all depends on your new company. If they are willing to accept you without any relieving letter or testimonial from your previous employer there is no problem. Otherwise you will become jobless.