Company not giving relieving documents
Parul
(Querist) 03 July 2014
This query is : Resolved
Hi,
I have a questions:
I was in a company for almost 3 yrs.Notice period - 90 days.
I have resigned on 3rd march and served 29 days notice period and informed my manager verbally that i will cum till 31st march only and on mails it 1 week before.
They were not ready to release me.
But i informed that i wont be able to come after 31st March.
I have stopped going to office from 1 st April.
Now i have following up with them to provide me experience letter and so many mails they agreed to give me relieving for 2 nd june.
But i want relieving for 31 st march 2014.
On asking for the same, they are refusing to provide me the same relieving date i.e. 31march.
They are saying that will declare me absconding and company will sue me.
I have joined a new organisation , so thats y i want relieving for 31st march only.
Please suggest what can i do.
Can company sue me in this case.
What is legally in favour for me.
Please advise.
Thanks & Regards,
Parul
(Querist) 03 July 2014
Please suggest.
Kumar Doab
(Expert) 03 July 2014
Notice period is not dependant on T&C alone…………………inserted by employer in appointment letter……………
You can demand service certificate upto last day in office only………….
If company of HR makes false entries in records it is offence.
You have not absconded…………..Abscondment in derogatory statement.
Approach your Labor Consultant/service lawyer in person with all docs on record and proceed under expert advice of your lawyer.
Rajendra K Goyal
(Expert) 04 July 2014
Send registered letter to send you the experience letter, relieving letter and your pending dues. If no action, consult your lawyer to proceed further.
ajay sethi
(Expert) 04 July 2014
agree with experts
malipeddi jaggarao
(Expert) 04 July 2014
Repeated query.
However, if you do not follow the clauses in the appointment letter, the company has every right to enforce the clauses. Without obtaining relieving letter from the erstwhile company you should not have joined in the new company.
Only alternative is as you have already joined in the new company, manage the new company for not insisting for relieving letter from your erstwhile employer. Or strike a deal with your erstwhile company.
Kumar Doab
(Expert) 04 July 2014
If clauses inserted in appointment letter ..........................e.g. on notice period, by employer violates enactments/laws/rules/statues applicable to the establishment......................these shall be void............
Employer personally can be held responsible for violation.
Consult your lawyer and let your lawyer draft all of your representations.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
Query repeated, more opinions were rendered in the previous thread itself.
Parul
(Querist) 07 July 2014
Thanks all for the reply.
It will really help me to proceed further.
I will sending registered letter to the employer.
I got a Registered letter from the company stating to deposit amount by 9th july.And if fail to deposit amount,its mentioned in the letter that company will take a legal action against me.
In the letter they have mentioned my last working day as 2nd June only but i want the 31st march as my last day.
Pleas suggest what i will do.
I dont have any issue in giving money but here issue is the date.
Can they take some legal action against me,if i don't deposit the amount by 9th july as still they are not giving me the right date for my last working day.
Please advice.
Thanks & Regards,
Parul
(Querist) 07 July 2014
please advice
Kumar Doab
(Expert) 07 July 2014
90 days notice period may not be necessarily be applicable and may not be more than 30 days.
Approach your lawyer and submit fitting reply to notice.
Parul
(Querist) 25 July 2014
I have send the Registered post to the company.But they havnt responded back till now.
Its been more than 15 days.
Do all these laws valid for IT(MNC) companies also.
Please suggest what i do.
Will a need to face some problem on sending a legal notice to a company in terms of background verification in future if i switch my job.
Thanks & Regards,
Kumar Doab
(Expert) 26 July 2014
The Republic of India is not lawless.
NO one in India is exempted from Law of the land.
IT/ITeS companies are covered by law of the land, Labor laws of India, and applicable statues/enactments to such companies.
If company has not replied to your representation sent by redg. post then it implies it is least bothered and has decided to maintain studied silence and pass its own judgment in its own internal records and insert it in your personnel file for future reference on your matter.
You may obtain POD from PO (free of cost) and certified copy of run sheet of postman (against a fee of Rs.10) under proper seal and signature of Sub/Post Master and keep it in record.
Record all calls/meetings and if you can extract a reply: Redg. Post is not received/Redg. Post is received.
If the reply is Redg. Post is not received then PO can file complaint u/s 420 against the recipient/addresee.
You can send legal notice thru your lawyer/law firm now.
Don’t wait till company takes a penultimate action via BGV against you and then you against start roaming in various forums.
The employees in IT/ITeS sector are rated as probably most ill informed of their rights, unorganized as majority of them are not members of any employee’s unions, trade unions…………………………..hence are most susceptible to exploitation, harassment…………
Act now by approaching your lawyer/law firm and pull the company to appropriate forum e.g. Inspector under (Name of your state) Shops and Commercial Act, O/o Labor Commissioner, civil court etc.............. as suggested by your expert lawyer, and conclude the matter once for all.
Otherwise you may continue to face harassment.
Parul
(Querist) 26 July 2014
Thanks for your valuable reply.
I am back with confidence with your advice.
