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Somil Verma   26 October 2020

Not getting relieving letter

I have resigned from my company and has served the notice period. On the last day of my notice period i even have a confirmation from the hr that it is my last day today. After last day i even have submitted my office assets back to office. 

Now i am demanding for my offer letter and final settlement but they are denying to give it. I need a advice what can i do to take a legal action against them or to get my letter and amount from the company ?



Learning

 15 Replies

Adv Vinay Mathur + 8447131770 (Advocate)     26 October 2020

You demand in writing through speed post all your PF, Bonus, Salary within 8 days and gratuity within 30 days if they don't comply you complaint

P. Venu (Advocate)     26 October 2020

You may serve a legal notice and escalate the issue, if so adviced.

Adv Vinay Mathur + 8447131770 (Advocate)     27 October 2020

after that complaint to labour commissioner

Pradipta Nath (Advocate)     27 October 2020

You state that your Company is denying to give you your releasing letter and settling your claim. Have they made this statement in writing or only stated you in an hot conversation with you? I believe any settlement issue is processed after three months. Please wait and have a smooth conversation with your HR to resolve this. In case the Company is opposing the law of the land, definitely you can have your legal recourse.

1 Like

Somil Verma   27 October 2020

Sir settlement i understand but relieving letter and salary slips are to be given on last working day that is what i need the most right now

Pradipta Nath (Advocate)     27 October 2020

I believe at least in India no Company till today give relieving letter to its employee on the last working day! And about salary slips it is shared by the company as per the infrastructure within few days of the disbursement. Please wait till you have any concrete evidence that your employer is denying.  

Somil Verma   27 October 2020

Sir in the past they have provided to all the people who resigned and apart from that if you have been relieved from the company i think letter is given and my case i also have returned the office assets back. 

Pradipta Nath (Advocate)     27 October 2020

Despite still your case is in premature stage. Unless they deny you, how can you show the cause of action!

Please wait for some while (may be at least 3 months from the date of your resignation) and thereafter you can definitely serve them a legal notice and take legal recourse.

Ritesh Maity (Labour Law Advocate)     28 October 2020

In my view, there is no law in India which can compel the management to issue relieving letter. It is the discretion of the management. However, if you really require a relieving letter, then it is better to convince the HR than to take a legal step.

However, for outstanding dues such as unpaid salary, gratuity etc. there are plenty of scope to take legal action against the company. 

sarath babu (ADVOCATE)     31 October 2020

Pradipta Nath is correct. Please wait for sometime to show cause of action. You should also remember one thing that you can't compel the management of issue relieving letter as there is no particular law for the same.

 

somil verma   17 December 2020

Hi sir, i still am facing the same issue and have got a written mail from my company owner that they got me on hold because the project i worked on, the client has not given them the payment yet, which does not at all concerns me. So i served my notice period of 2 months and have in writing from the company HR that 16oct was my last working day. After that i tried a lot to communicate with them over various mediums, but they are responding at all. As you told for the letter part there is no law but salary is also not given till now. I have all mails i sent them and screenshots of chat where hr told me it is my last working day and also have submitted the assets back to company. And also have proof for the late hours company used to make us work.
Now what is course of action i can take to get what i should have been given a way back ?

Ritesh Maity (Labour Law Advocate)     17 December 2020

If the company has not paid your salary after completion of the notice period, you may do the following:

1. Demand the outstanding salary (hope you have already communicated)

2. Send a demand notice through a lawyer

3. Approach authorities under the Payment of Wages Act/ Shops & Establishment Act and demand the salary. 

 

Pradipta Nath (Advocate)     17 December 2020

Yeah better you send the demand notice from an Advocate's pad.

somil verma   23 December 2020

Hello sir, requesting your view on this scenario. I tried to contact the company again, so I do not have to go through sending a legal notice. And still didn't hear anything from them. Now one official from the company told me to call the directors directly but they still are not responding to ask for the letter once and contact only for the letter right now because that is main for me at the moment . She told me they might prove that i didn't serve the notice period and that is why i am not paid yet. And i did returned their assets on the same day they asked me to.

I currently have my resigning letter sent on mail on 15 Aug, 2020, on which the company's HR responded with my last working day. Then on the last working day i also i have screenshot of the company's HR chat, dated 14 oct saying it is my last day today. I also  have a mail reply from one of the directors of the company saying i am blocked due to client of the project i worked on not processing the payment. 


So will that be enough to prove that i have not got my dues, that are left from the company. 

Due to their delay in providing my dues and letter, I lost my job and have been under critical pressure since and this got me very sick, increasing BP. 


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