I am working in one of the private hospital, at the time of joining in joining letter there was sentence till two years I have to work and if leaving with in 2 years have to pay one month salary. Now with in 9 months I have resigned and serving 27 days notice period and they accepted notice period verbeally. I have resigned via email but HR has not accepted through email but verbally informed 28 feb 23 is last working day. But when I asked for relieving letter HR says as 2 years not completed relieving letter cannot be provided. I said HR can take my one month salary and provide relieving letter. But HR said as per HR policy they cannot provide relieving letter.
Please advise what can be done. To prosperous employer I need to provide relieving letter.
A.Based on the information provided, it appears that you have resigned from your job at a private hospital before completing the two-year period mentioned in your joining letter. As per the terms of your employment, you are required to pay one month's salary if you leave within two years. However, you have also given 27 days' notice period, which the company has accepted verbally.
Regarding your request for a relieving letter, the company has informed you that they cannot provide it as per their HR policy, as you have not completed the two-year period. However, it is important to note that providing a relieving letter is a standard practice for employers when employees resign, regardless of the duration of their employment.
In this case, you may consider having a conversation with your HR department to clarify the reason why they are unable to provide a relieving letter. You can also remind them that it is a standard practice and may request them to reconsider their decision. If they continue to refuse to provide the relieving letter, you may consider seeking legal advice or approaching the Labor Court to enforce your right to receive a relieving letter.
Additionally, you may also consider paying the one month's salary as per the terms of your employment to avoid any legal disputes and to receive the relieving letter.
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Anonymous
Replied 1 year ago
Sir,
Thank you so much for your valuable advise. It is definetely going to help me and my collegues because every one is facing issue which I m facing.
To provide additional information, in my appointment letter no where it is mentioned about working for two years committment.
At the time of joining, hospital HR has provided a joining application form in which it is written working for two years and also mentioned that incase leaving with in two years then an employee has to pay 1 month salary towards training cost. Only these two things written in a form. That is not a bond paper also. Apart from above two statement, no details mentioned about 2 years committment.
I have already told HR that I am ready to pay one month salary and give me my relievibg letter. To this HR said he will discuss with MD and update me.
Sir,
In case despite my paying one month salary to company and still if management denies relieving letter please advise what should I do. Because I am goibg to join a corporate hospital and they are very clear and particular that I should join with relieving letter.
There is no other issue except 2 years committment.
Dear Client,
Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
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