Divyank 19 September 2023

Employer not giving relieving certificate

Hello,
I worked at a company for 2 months. I resigned after 2 months and I am not able to serve the notice period due to my family health conditions. I have mentioned everything to the employer and have officially resigned in the system. I have been shooting mails for the resignation and clarifications. But the employer is refusing to give me the relieving letter and experience letter as I am not serving the notice period and considering it as “abandonment of employment”. What to do? How to get my relieving letter as I am not able to serve notice period? Will this affect my future employment?

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3 Replies

Sudhir Kumar, Advocate (Advocate) 19 September 2023

first of all you cannot be forced to serve without will. it is violation of dundamental right (you have not disclosed if you have signed any congtract)

experience certificate cannot be compelled.

Real Soul.... (LEGAL) 19 September 2023

You simply should submit resignation and the experience certificate is not your right for just serving a short duration. You might be still in probation. IF there is any signed contract between you and your employer then you have to adhere the terms therein.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 19 September 2023

You have to follow terms & conditions as per your appointment letter from the employer. An employee must clearly state that they intend to end their employment otherwise it may very well consitute reasonable grounds for abandonment.