Serving notice period

The next employer should buy your notice period and pay it at once on joining without any conditions and absorb you on the strength of copy of resignation only and should not demand service certificate/relieving letter. From your side you must state in writing that you can supply only the copy of resignation and its proof of dispatch and delivery and can supply (if and only if ) service certificate/relieving letter ::::: if and only if it is supplied by the company to you.

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

Hi Kumar,

Thank you for your reply. I have resigned on 27th June but still I haven't got the resignation acceptance. I dont have any pending taks as of now but employer is saying that they have some dependancies on me which is quite true. And this is the reson they are giving for disallowing early relieving. As you metioned next employer should not ask me my relieving letter. They are ready to do that. But in such case I loose 1.5 years of experince from my resume.Also I am not sure about what happens to my PF. As I haven't withdrawn my PF from the very begining of my employment(i.e. almost 3 years). So is there any other way for me to avoid loosing my Experience letter .

Sorry for the delay. I actually did not get any email notification for your post. 

What is this establishment registered as: Commercial (By definition of this page : https://definitions.uslegal.com/c/commercial-establishment/)

What is its line of business: It is an IT product company.

How many maxmimum persons are employed in it at any point of time? : I am not sureabout exact number.But it can be 120-150

The Redg Office,Corporate Office of the company, and your reporting office was located in which state? : Maharashtra

What was your designation and nature of duties? : Software Engineer.

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter? Yes there are defined rules and regulations mentioned in the appointment letter. But it does not mention notice period. Notice period is mentioned in HR policies as shared earlier. Attaching screen capture Notice period section of Appointment letter below.

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you? Yes. Salary Slips are given every month. But not PF slip. I have received form 16 of previous year (2014-2015) .

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge? No I havent submitted a Physical letter. I have e-mailed my resignation letter. To which they have't sent any reply. Should I submit Physical letter also ?

Has acknowledgment of notice of resignation, supplied to you? No

Are you a member of any employee’s/Trade Unions? No

What was your monthly salary?  Rs 32000 per month

Sorry for thet delay again. And thanks for the reply.

IT/ITeS companies in Maharashtra are covered by Bombay Shops and commercial Establishments Act.You nay go thru Sec:38-B,66.........and Model Standing Orders:Sec:9,16 The condition of notice pay in lieu of notice period is inserted by employer itself in appointment letter extract posted by you.The T&C in employment contract should be equitable or these can be termed arbitrary. You may affirm by letter thru Redg.Post addressed to appointing authority that No tasks are pending at your end and to whom you should handover the charge within and up to notice period tendred by you and routine duties be assigned to you that can be completed on daily basis within and upto expiry of notice period.You may affirm that notice pay be adjusted in correct FnF statement and Form16 as per correct FnF statement, payment of FnF wages, acceptance of resignation, service certificate, relieving letter,NOC/NDC be supplied on LWD. It us almost certain that company may not relieve you and you may have to apply exceptional levels of negotiation,reasoning, persuasion, persistence skills and or seek help of employee's/IT Employee's (there are many now)/trade unions,lawyer....... Your counsel may opine that you are covered by the def. Of 'Employee' as in Bombay Shops&Estb.Act and as 'Workman' as in ID Act....... Service certificate has to be supplied to all emoloyess.

Thank you very much for your help. One last question. Does above statements hold true if Our company is registered as Industrial Establishment ? Actually I am not sure if it is a commercial establishmet. Could not find anything about that particular detail on google. Sorry.

What statements?

Have you consulted a Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in labor law matters?

Have you become a member of any employee's/IT Employee's (there are many now)/trade unions (e.g. CITU/INTUC/AITUC/BMS)?

No Sir. Following statements :

1. Service certificate has to be supplied to all emoloyess.

2. IT/ITeS companies in Maharashtra are covered by Bombay Shops and commercial Establishments Act.You nay go thru Sec:38-B,66.........and Model Standing Orders:Sec:9,16 The condition of notice pay in lieu of notice period is inserted by employer itself in appointment letter extract posted by you.The T&C in employment contract should be equitable or these can be termed arbitrary.

These statements. Are they applicable even if my compny is an Industrial establishment ?

IT/ITeS companies in Maharashtra are covered by Bombay Shops and commercial Establishments Act.

You may log onto website of Dept. of labor and find contact details of the Inspector/Chief Inspector and visit them in person.

Repeated at:

https://www.lawyersclubindia.com/experts/Getting-experience-letter-without-serving-notice-540591.asp

Thanks for your help.  Instead of going to the labor offer can I send them a legal notice for the same with the help of lawyer? 

It is your decision.

You need to consult an able Labor Law Consultant/Service matters lawyer. Labor Law/service matters is altogether different field of law and in each city there are a few counsels that specialize in it and they are well known and usually such matters are referred to them.

An employee should develop skills to handle matters pertaining to his employemnt and all skills can be acquired.

You may consult your lawyer and proceed under expert guidance after understanding the merits and remedies from your lawyer.