Resign from my employee
9 months ago
I have resign from my present employee and serve notice period for three months to join another organisation. What legal action can I take if I did not get relieving on time and if I cannot join the job offer that I got?
A.Dear Client,
When you have tendered your resignation from the Company or Employer following the terms or contract of employment serving 3 months notice period, the Employer/Company is dutybound to relieve you on expiry of the notice period along with F & F Settlement dues. In case of delay or denial of the issue of relieving letter on time by the employer then such a lapse may be termed as unfair labour practice as laid down u/s.2(ra) and Fifth Schedule of the Industrial Dispute Act, 1947. If so happens, first you serve a legal notice to the employer and reach out to the office of the concerned Labour Commissioner to file a complaint ASAP against the Employer for adopting unfair labour practice in the discharge of their dutybound obligations in terms of the contract of employment that may put your future career at stake. In case you need any legal assistance in this regard, you may contact our legal team with all relevant papers.
When you have tendered your resignation from the Company or Employer following the terms or contract of employment serving 3 months notice period, the Employer/Company is dutybound to relieve you on expiry of the notice period along with F & F Settlement dues. In case of delay or denial of the issue of relieving letter on time by the employer then such a lapse may be termed as unfair labour practice as laid down u/s.2(ra) and Fifth Schedule of the Industrial Dispute Act, 1947. If so happens, first you serve a legal notice to the employer and reach out to the office of the concerned Labour Commissioner to file a complaint ASAP against the Employer for adopting unfair labour practice in the discharge of their dutybound obligations in terms of the contract of employment that may put your future career at stake. In case you need any legal assistance in this regard, you may contact our legal team with all relevant papers.
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A.Dear client,
Communicate with your current employer: It's important to maintain open communication with your current employer regarding the situation. Express your concerns and inquire about the reasons for the delay in providing the relieving letter. Make sure to document your communication and any responses received.
Review your employment contract and company policies: Refer to your employment contract and company policies to understand the provisions related to the notice period and relieving process. This can help you determine your rights and obligations and provide a basis for discussions with your employer.
Seek legal advice: If the delay in receiving the relieving letter persists and it is negatively impacting your ability to join the new job, you may want to consult with a lawyer who specializes in employment law. They can provide legal guidance based on the specific laws and regulations in your jurisdiction.
Document everything: Keep a record of all relevant documents, correspondence, and communication related to your resignation and the delay in receiving the relieving letter. This documentation can be valuable if you need to pursue legal action or present your case to authorities or relevant parties.
Explore alternative options: Consider discussing the situation with the new employer and explaining the delay caused by your current employer. They may be willing to accommodate the delay or provide you with an extended joining date. Maintain open communication with them to explore possible solutions.
It's important to note that specific legal remedies and actions may vary depending on the jurisdiction and the specific circumstances of your situation. Consulting with a lawyer who specializes in employment law will provide you with the most accurate and tailored advice based on the laws in your area.
Communicate with your current employer: It's important to maintain open communication with your current employer regarding the situation. Express your concerns and inquire about the reasons for the delay in providing the relieving letter. Make sure to document your communication and any responses received.
Review your employment contract and company policies: Refer to your employment contract and company policies to understand the provisions related to the notice period and relieving process. This can help you determine your rights and obligations and provide a basis for discussions with your employer.
Seek legal advice: If the delay in receiving the relieving letter persists and it is negatively impacting your ability to join the new job, you may want to consult with a lawyer who specializes in employment law. They can provide legal guidance based on the specific laws and regulations in your jurisdiction.
Document everything: Keep a record of all relevant documents, correspondence, and communication related to your resignation and the delay in receiving the relieving letter. This documentation can be valuable if you need to pursue legal action or present your case to authorities or relevant parties.
Explore alternative options: Consider discussing the situation with the new employer and explaining the delay caused by your current employer. They may be willing to accommodate the delay or provide you with an extended joining date. Maintain open communication with them to explore possible solutions.
It's important to note that specific legal remedies and actions may vary depending on the jurisdiction and the specific circumstances of your situation. Consulting with a lawyer who specializes in employment law will provide you with the most accurate and tailored advice based on the laws in your area.
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