Vishal 05 June 2018

Experience letter

Hello Experts I have worked in an organization for 2 years and have all supporting documents. I submitted my resignation in Feb and according to employment terms I served my notice period till apr 2018 and handed over all my office belongings to the organization. While leaving they said that relieving letter and experience certificate will be sent to me with in few days. Now after more then a month when I asked for the same documents they say that my resignation wasn't excepted and I can't join any other organization because it will be treated as dual employment and they mention that we allow you for leave of absence for the period you are willing for. Now I do not have any written mail for resignation approval neither do they sent me any mail for non acceptance or any mail or written request for me asking for any sort of leave. My resignation was approved in a face to face meeting and I never bothered of acceptance in mail. To join next organization I need either experience or relieving letter. What options do I have? I have offer of employment now and after 15 days of joining I need to show clear exit from previous organization. What are my options?

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3 Replies

(Guest)

Send a legal notice to your former company demanding that they release your relieving letter & EC..if they refuse to release your documents it may amount to restraint of trade/profession, for which civil remedies may be sought in court or labor tribunal.

For further queries, please feel free to mail me at basu_kunal@hotmail.com

Regards

Pradipta Nath (Advocate) 06 June 2018

You held that the employer accepted the resignation letter in a face to face meeting and you do not have any document for that but at the same time the employer also did not communicated with any documents or otherwise you that your resignation letter has been rejected or on hold. Rather their act was enough audible to sound that your resignation letter has been accepted else they should not have allowed you to complete your notice period or accept the handover.

And what they told you? You will be considered as dual employment! Rather it is their dual personality, if your stated fact is considered!

I believe you have document on the handover, please use this reference while negotiating with the HR or can even escalate this. Right now may not any legal notice will be useful, as by the act of the employer it is clear that they want to retain you, so please negotiate with them before indulging into any legal recourse.

In case all the options had been tried of, please do not bother to take legal help for your rightful claim.

SHIRISH PAWAR, 7738990900 (Advocate) 07 June 2018

You have to send legal notice for reliving and experience certificate as you had already completed handover. They may be playing tactics with you as after long time they are informing that resignation is not accepted.