Experience and relieving letter not issued
shanthi Mohanraj
(Querist) 15 October 2014
This query is : Resolved
Dear Sir,
My husband was working in Trivandrum in a software company. He resigned in August and accordingly it was accepted by the company. Later in September they had sent a email saying your resignation is rejected and legal action will be taken on you as you have contacts with our client company and sources have said that you're going to join them and we can prove that.
My husband has a friend in the client company and usually they send emails to each other. (Personal email)But he has no idea of joining the client.
No as he has no experience letter so he can't join any whereelse. Kindly let me know how to proceed
Devajyoti Barman
(Expert) 15 October 2014
The company can not do so as it is against the proposition of law.
Your husband can join the new company.
Sudhir Kumar, Advocate
(Expert) 16 October 2014
what sources they have got. They cannot rely in court on hacking of e-mail.
malipeddi jaggarao
(Expert) 16 October 2014
Many private companies do not give experience certificate though legally they are bound to. This is one aspect of the query.
Now they say that they are rejecting the resignation as the employee is contemplating to join in their client's company. This is second aspect of the query.
When your husband is not joining the client company, you can as well ignore such mails. As the private companies do not follow legal procedures, your husband also can procure a job somewhere else. Even he fights, they will not give the experience certificate on one pretext or other. Only established companies will follow all the rules. Small companies do not follow legal procedures and if you want to wage legal battle, ask your husband to send lawyer's notice insisting for relieving letter stating that he is not joining with the client's company at the moment as alleged by the company.
Rajendra K Goyal
(Expert) 16 October 2014
Your husband has not executed any Bond regarding not serving any rival company. In absence of such document he is free to join.
Kumar Doab
(Expert) 17 October 2014
Even if your husband has signed Non Compete Clause/agreement it is not binding once the employment is terminated by employer or employee.
Your husband may apply tactical approach and resolve the matter in his favor or if reqd. may approach Employee’s unions/Trade unions, Lawful Authority, court of law.
Indian Courts of law have consistently been declining to enforce Non Compete Clause/agreement as it hits right to earn livelihood and clauses of India Contracts Act.
Service Certificate/Relieving Letter has to be issued to all employees.
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
The company has no rights to restrict your husband from joining any company after he has resigned from the previous company. It is better to contact a local lawyer and tackle the issue legally by first sending a legal notice to the company about their illegal actions against him and then proceed further.
