Regarding filing a case to my previous company
6 months ago
Hi sir I need your help Please unde3rstand my case and let me know if you need anything-
I was working in Tele Perfomance where I was serving my notice period and the last working date was 6th March so I took another offer at Collabera from 7th March, then my manager extended my notice period by 3 more days wgich will be 9th March but as I had to join the other organisation I left on 6th and due to this they have not given me my reliving letter,
How ever now I am facng the issue so I reached out to them asking them to hand me over my reliving letter and I am ready to pay the panelty, but they are saying that they will be giving me the reliving letter with the date of 9th March which is creating a issue in my new joining.
Can i file a case against them as what prove they have that I have continued till 9th March?
Employment Agreement: Review your employment agreement and the terms of your notice period carefully. The notice period should be clearly defined in your contract, and any extensions should typically be agreed upon by both parties.
Resignation Date: Your effective resignation date is essential. If your original notice period ended on March 6th, and you left on that date, that date is usually considered your last working day unless both you and your employer agreed to extend it.
Regards
When you tendered your resignation following the condition of your contract of employment, then on the expiry of the notice period, the relationship between an employee and employer is severed/seized. On the cessation of employment, the employer is dutybound to issue a relieving letter from the date of cessation of employment on the expiry of the notice period and F & F Dues to the outgoing employee. An employer cannot revise the terms of the contract of employment when an employee tendered his resignation and serving the notice period. Such an action on the part of the employer is vindictive in nature and unfair labour practice. So, in the prevailing situation, 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 action and unfair labour practice, reach out to the office of the State or Central Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of ID Act before the State or Central Labour Court claiming entire dues payable by the Company on cessation of employment on resignation. Otherwise, you have to file a civil suit before the Civil Court for recovery of dues from the Company and appropriate relief in the matter.
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