Experience letter & recovery
8 months ago
My company retained me while retaining they ask me to sign a clause to stay a year , in case of breach of that clause no service letter will be given and 2 month salary with taken as recovery. Now they are harassing even when i m not in shape to work while on leave.I want to resign now.
A.Dear Client,
n the prevailing situation, your need to go through your offer letter that governs the relationship between an employee and employer. When you accepted the revised terms of employment for your retention in the Company, for breach of said condition of the revised contract of employment you are legally bound to abide by the said conditions of service in case you tender resignation before the tenure of employment, i.e, one year, the employer can withhold your experience/relieving letter and recover two months salary from you. 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 employer for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, 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
n the prevailing situation, your need to go through your offer letter that governs the relationship between an employee and employer. When you accepted the revised terms of employment for your retention in the Company, for breach of said condition of the revised contract of employment you are legally bound to abide by the said conditions of service in case you tender resignation before the tenure of employment, i.e, one year, the employer can withhold your experience/relieving letter and recover two months salary from you. 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 employer for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, 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
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A.Dear client,
If your employer is not accepting your resignation and not providing you with a relieving letter, there are a few steps you can take:
Check your employment contract: Your employment contract should contain information about the notice period required for resignations. If you have fulfilled the notice period, your employer cannot hold you back.
Communicate with your employer: Try to communicate with your employer and understand why they are not accepting your resignation. If there is any misunderstanding or confusion, try to resolve it amicably.
Write a resignation letter: If you haven't submitted a resignation letter yet, draft a resignation letter and submit it to your employer. Keep a copy of the letter for your records.
Escalate the matter: If your employer is still not accepting your resignation or providing a relieving letter, you can escalate the matter to the HR department or higher authorities in the company. You can also approach a labour lawyer for legal advice.
File a complaint: If all else fails, you can file a complaint with the labour department or labour court under the Industrial Disputes Act, 1947. The labour court can order your employer to provide you with a relieving letter. To file a complaint with the labour court, you will need to submit a written complaint to the appropriate authority, along with any supporting documents, such as employment contracts, salary slips, and correspondence with your employer. You may also need to attend a conciliation or arbitration meeting with your employer before the matter is referred to the labour court
If your employer is not accepting your resignation and not providing you with a relieving letter, there are a few steps you can take:
Check your employment contract: Your employment contract should contain information about the notice period required for resignations. If you have fulfilled the notice period, your employer cannot hold you back.
Communicate with your employer: Try to communicate with your employer and understand why they are not accepting your resignation. If there is any misunderstanding or confusion, try to resolve it amicably.
Write a resignation letter: If you haven't submitted a resignation letter yet, draft a resignation letter and submit it to your employer. Keep a copy of the letter for your records.
Escalate the matter: If your employer is still not accepting your resignation or providing a relieving letter, you can escalate the matter to the HR department or higher authorities in the company. You can also approach a labour lawyer for legal advice.
File a complaint: If all else fails, you can file a complaint with the labour department or labour court under the Industrial Disputes Act, 1947. The labour court can order your employer to provide you with a relieving letter. To file a complaint with the labour court, you will need to submit a written complaint to the appropriate authority, along with any supporting documents, such as employment contracts, salary slips, and correspondence with your employer. You may also need to attend a conciliation or arbitration meeting with your employer before the matter is referred to the labour court
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