Relieving Letter non issue
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(Querist) 07 July 2010
This query is : Resolved
Dear Sirs,
I was working with a Private limited comapny,w hich is having the parent company based in germany. I have resigned from the company more than 45 days back, The resignation letter was accepted and my handing over is done from company people I have the Remails for the same.
Now company has refused to give me the relieving letter and asking me 3 month notice period or 3 months salary in lieu the same was there in my appointent letter. Due this I am not in position to join any else company , I have received a letter from company for the 3 month salary wherein I was suppose to take a months salary and other dues which are slightly less than 3 months salary, so company has asked to pay the remaining ammount.
Please suggest me what I can do in this is it possible to get money from company or what process i should follow to get relieving.
Seeking for urgent help...
Guest
(Expert) 07 July 2010
YOU MAY REFER YOUR OFFER AND APPOINTMENTMENT LETTER.THERE MUST BE NOTICE PAY CLSUSE.
EMPLOYMENT IS A CONTRACT AND JOB OFFER WAS ACCEPTED BY YOU AND HENCE APPOINTMENT LETTER WAS ISSUED TO YOU .
IN CASE NOTICE PAY CLAUSE IS THERE THEN YOU HAVE TO GIVE SUCH NOTICE BEFORE LEAVING THE JOB BUT IN CASE NO SUCH NOTICE IS GIVEN THEN COMPANY CAN FILE CIVIL SUIT FOR RECOVERY OF SAID NOTICE PAY AMOUNT FROM YOU.
THE WAY OUT FOR YOU IS JUST DEFEND THE CIVIL SUIT STRONGLY AND DELAY THE MATTER IN THE COURT AND IN CASE OF JUDGEMENT YOU CAN FILE AN APPEAL IN DIST COURT AND FURTHER TO HIGH COURT .
YOU WILL GET SUFFICIENT TIME AND YOU CAN WORK IN SOME OTHER CO.AND EARN AND SAVE THE AMOUNT TO SETTLE THE MATTER LATER.
THANKS.
YOU MAY WRITE AND SEND DETAILS IN CASE YOU NEED ANY FURTHER HELP
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKSING YOU.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
