Upgrad LLM

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 ?

 
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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
 
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Advocate

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

 
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after that complaint to labour commissioner
 
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Advocate

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.


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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

 
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Advocate

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.  

 
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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. 

 
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Advocate

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.

 
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Labour Law Advocate

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. 

 
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