Employer not providing me reliving letter
8 months ago
Hi I recently joined a company who is third party payer for another company, I will be working in that company but my payroll is different company, since this is contract role I droped my paper in my probation period and accepted to serve my notice period and then the company offered me to make permanent in the company and asked me to extend my notice period, so I agreed to extend my notice period later they are asking me to work on a support project instead of development project which I was currently working when I disagreed to work on the support project the manager started to show ego and started to mentally harrashment and said no opportunity for permanent and ordered me to work untill extended notice period when I reported to this to Hr the hr didn't listen to me concern and accusing me that I was blaming their employee so I informed this issue to my employer and quitted job in middle of notice period and submitted the company asset through my employer, now my employer says that I quitted the job in middle of notice period and not providing me the relieving letter and also holded my one month salary, I also requested my employer to consider that one month salary as payment to the balance notoce period and asked for reliving letter but still denying by not giving the reliving letter, which will be black mark in my career
Before leaving a company you need to go through the terms and conditions of the offer letter you got at the time of joining the Company that governs your relationship between an employee and employer. Any verbal or text message contrary to the terms of the offer letter is of no use for lack of evidentiary value. If your offer letter stipulates that for tendering resignation, you have to serve a notice period, then you need to abide by the said condition of employment. So for breach of said condition, the employer can withhold your relieving letter including settlement dues, and even they can take legal action against you for recovery of damage caused for breach of contract which may put a stigma in your service career and may be a cause of rejection of selection or further employment elsewhere on Back Ground Verification(BGV) process of the employee. So considering the pros and cons of the matter, and to protect your future career, you need to decide your future course of action. You may, however, approach the concerned Labour Commissioner praying for their intervention into the matter considering your career prospect, and they can entertain your appeal to resolve the matter.
Serve a legal notice to the employer demanding that he issue your relieving letter immediately, failing which you are at liberty to issue appropriate legal action. Sending the legal notice should resolve the issue.
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