My company owner not agreeing to relieve me from my job

Your employer has trangressed your Fundamental Rights as well Article 21 of the Constitution. HE CANNOT DENY YOU TO SEEK BETTER OPPORTUNITIES,provided you have not violated any terms of your employment.

hi,
Thanks for the reply, at the time of joining the owner has asked me to make my mind to stay in his company for atleast 2years. I also agreed for that orally.
Now he is mentioning that repeatedly, will this oral stuff do stand?

Oral stuff do not stand.  Just send resignation letter to your owner and joint the new co.,

@Viswas: Oral stuff has no meaning as stated earlier by someone else.
 

do you have the appointment letter/ what are the contents?

if appointment letter mention you have to give 3 months notice and if you have done so you can leave the company . employer cannot force you to stay . have you executed any bond?

i have the offer letter which mentions i will be on 6months probation from date of joining and notice period while leaving will be 3 months or 3months salary i should pay. no other bond.

If the new appointement is so good, pay three months salary to the old company and join the new company.

YA ALL MEMBERS ARE RIGHT. ORAL AGREEMENT/CONTRACT HAS NO MEANING UNTILL AND UNLESS PARTIES ARE INTENDED TO BIND THEMSELVES LEGALLY. 

3 months notice period during probation period is unreasonable. Offer letter is issued prior to joining/induction, which mentions brief of role, designation, remuneration and validity period of offer letter. After the candidate has accepted the offer in writing, appointment mentioning detailed terms and conditions of employment is issue. Have you not received any appointment letter? You can ask for and obtain employee rules; certified standing orders. Oral deliberations can not be enforced.

It is not clear you have submitted notice or immediate resignation. Submit the company property if any under proper acknowledgment.

However If you have already submitted resignation with immediate effect, you may ask the employer to deduct notice pay @ basic pay for 1 month from FNF and if any amount is payable at your end inform you along with FNF statement so that you can supply the a/c payee cheque for the same., and see what is the response of the employer in writing.

Don't forget to demand in writing under proper acknowledgment, settlement of your a/c and acknowledgment of company property with comments nothing is pending at your end, form 16, work experience/service certificate, relieving letter, PF accumulation report and withdrawal/transfer forms etc.

You have spent time with this employer. Separate with a pleasant note. Use your reasoning, negotiation, persuasion, persistence skills.

Dear Sir,
If I walk oout after my notice period of 3 months with out relieving letter, is it possible to report at new work place without relieving letter? The offer letter of the company which i am leaving now and the mail copy of resignation- are they sufficient to support that i am no more with my present company?

It appears that you have submitted resignation by email. It is still not made clear by you that you have submitted notice of resignation with effective date of resignation mentioned in it or you have submitted resignation?

You may submit notice of resignation with effective date of resignation clearly mentioned in it as a subsequent communication to your email, preferably by letter, under proper acknowledgment by redg/speed post, addressed to your appointing authority, and enclose copy of your email, and obtain acknowledgment. Submit reminders after a few days and finally on the effective date of resignation submit formal resignation, under proper acknowledgment.

If you have settled everything from your end e.g. completed all tasks on hand, handed over the charge and company property (under proper acknowledgment preferably with comments that nothing is pending at your end), submitted proper notice of resignation and served notice period (mark attendance and collect attendance record), and any other item which need to settle as per company policy, then nothing is pending to be settled by you.

Company should not sit on relieving letter and issue it. Relieving letter is issued post all settlements.

You should request the company to supply you acknowledgment of notice, acceptance of resignation, settlement of your a/c and payment of your dues, FNF statement, work experience/service certificate, form 16, PF accumulation report and withdrawal/transfer forms, NDC etc. Company can not block these docs. It shall be better if you obtain these with your reasoning, negotiation, persuasion, persistence skills.

Acknowledgment of notice of resignation, Proof of submission of resignation, acceptance, FNF statement, work experience/service certificate, acknowledgment of handed over the charge and company property should suffice. Your new employer at the most may ask you to sign an affidavit that you are not employed elsewhere.

However it shall be appropriate if you communicate in writing to new employer that you are in a position to supply only copy of notice of resignation, resignation, receipt of regd/speed post, POD, only, and can submit acceptance, work experience certificate/reliving certificate only upon its receipt from previous employer.

If company does not settle you can approach the o/o Labor commissioner.

There is a law called Prohibition of Bonded Labour Act which protects right to resgn. You are perhpas submitting to bonded labour. TERI COMPANY KAR KYA LEGI JO TU JANA BAND KAR DEGA TO. tHEY CANNOT EVEN STOP PF

I have decided to walk out after my last working day, but how to get my relieving letter?

he's denieing to give relileving letter for who and all leaving the company? is there any way to get it done?

Relieving letter is issued after all the settlements have taken place. you should settle all settlements e.g. submission of company property etc , as above this post, and should not keep anything pending at your end.

Issue a reminder to all good offices mentioning your effective date of resignation, by registered post, followed by email with a copy to you, and request the good offices to clear all the formalities at the end of company, and mention that nothing is pending at your end.

On effective date of your resignation you should submit your formal resignation, giving reference to your notice of resignation, reminders, concerned clause on resignation in your appointment letter, by registered post with AD, and request to release all documents.

If nothing is pending to be settled by you are within your rights to demand relieving letter, and can lodge even complaint with o/o labor commissioner. Acknowledgment of notice of resignation, Proof of submission of resignation, acceptance, FNF statement, work experience/service certificate, acknowledgment of handed over the charge and company property should suffice and can be treated as good as relieving letter.

If company has never charged you, and posts adverse comments against you in reference check/ relieving letter, you can lodge a complaint against company and sue them.