Delaying reliving letter
6 months ago
I have worked for a finance company in 2020-2021. IIn my offer letter they said i have to serve 1month notice period. But within months they changed it to 3months. I resigned with a spot resignation (without serving any notice period ). I have received a legal notice from the company after 2 year(2023-july) saying i have to pay the loss occurred to company due to my spot resignation. I paid the said amount and cleared all dues. And applied for reliving letter on August-22-2023 now its october -11.still the compy is not providing any replay to my mails or giving my letter. I have contacted the HR but he says it will take time but cant say when they can issue. Will there any law for days that the reliving letter should be handover to the employee or can i take a legal action without affecting my career.
I have got a new job and unable to provide the Relivng letter of previous company.
Please guide me
When you already met the demand of the Company for submission of spot resignation without serving the required notice period. they cannot withhold the issue of your relieving letter for an indefinite period without any valid reason which may be considered an unfair labour practice if the matter is litigated before the appropriate authority/court. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. 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 after serving a legal notice to the Company, reach out to the concerned Labour Commissioner office for filing a complaint against the Company to redress your grievance over alleged arbitrary and unfair labour practice.
If your company changed the notice period requirement after you had already started working, this could be a breach of your employment contract. It's important to review the terms of your original offer letter and employment contract to see what it specifies regarding the notice period. A spot resignation without serving the required notice period may have legal implications. While the company may have the right to seek compensation for losses incurred due to your immediate departure, the validity of this claim will depend on the terms of your contract and applicable labor laws. If you have paid the amount requested by the company and cleared all dues, that should resolve the financial aspect of the issue. However, the company's obligation to provide a relieving letter should not be dependent on this payment. If the company continues to delay or refuses to provide your relieving letter, you may consider taking legal action. This could involve filing a complaint with the labor authorities
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Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
