Company not giving relieving letter
9 months ago
I worked in a company for 4 years, its a service based company in software industry. One of their client offered me job and filed H1B form on behalf of me, i didn't joined that client. Now my company got to know about this that client filed H1B form for me and now company is not giving me my relieving letter. What can I do to get my relieving letter? i have completed notice period as well.
I signed one contract with company that i cannot join or do anything with any client company for 2 years.
Company is holding my relieving letter because they are saying I breached the contract.
When the terms of your contract of employment prevent you to join any other client company within 2 years from the date of resignation from the current company, a breach of that condition of your part, the company can take action as they deem fit even if you tender your resignation following the condition of employment and serving the notice period. But in the absence of a specific stipulation in the contract of employment that for the breach of the specific condition, relieving letter of the employee may be withheld, then the Company cannot outrightly withhold your relieving letter that an employee deserves on cessation of his employment. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the Company for redressal of your grievance failing which, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
Anonymous
Replied 9 months ago
Hi, i was not at manager/supervisor position, I am a software developer in software company. I am attaching the non-competition clause in contract. Please advise if i am still at fault.
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NON-COMPETITION
The Employee hereby agrees that during the duration of his employment under this Agreement and for a period of 2 years therentur, he will not whether in Indis or elsewhere in the world. ( compete, directly or indirectly with row, manage, operate control or participate in or he connected with the ownership, management, operates or control of any business that is similar to in competition with the business of the Company or any parent computy of the Company and Join or provide services to any customer, previous customer, client or previous client of the Company
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Anonymous
Replied 9 months ago
there is no such stipulation in contract of employment that for the breach of the specific condition, relieving letter of the employee may be withheld
You can request your employer to immediately issue the relieving letter. If he does not oblige, send him a legal notice demanding that he immediately issue the relieving letter along with salary slips. If he doesn't comply, initiate legal action.
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