Demand for Reliving Letter & Notice period terms Demand for Reliving Letter & Notice period terms

6 months ago

Im resigning on 17th October and my appointment letter states I have to serve 30 days notice period, which would be starting from 18th October and my last working day would be 16th November. Im working in these company for 3 months now. Does notice period include the public holidays or notice period gets extended? , nothing about that is mentioned in my appointment letter. Can I demand my relieving letter from my employer? as I will be serving my notice period respectively.

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
Sundays and other public holidays should be included in a notice period, unless the terms of employment clearly indicate that the expression “full day “ in the notice would include only the working days, excluding Sundays and holidays. The notice period is the time period between the receipt of the letter of resignation from the employee and the end of his/her last working day. This time period has to be given to an employee by his employer before his employment ends. The normal understanding is notice period includes everything i.e., holidays, weekly off, leaves etc. An employee should receive a relieving letter when he/she resigns from their job or when his/her employment contract comes to an end. A relieving letter is a formal document that confirms the employee's resignation and serves as proof that they have completed all of their obligations to the company. As per the Industrial Employment (Standing Orders) Act, 1946, it is legally mandatory for employers to issue relieving letters to employees who resigns from service.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear Client,

In India, notice periods are typically calculated based on working days, and they do not usually include public holidays. If your appointment letter does not explicitly state that public holidays are included in your notice period, it is likely that they are not included. Based on the information you provided, your notice period starts on 18th October, and your last working day is 16th November. This seems to be in compliance with the 30-day notice period mentioned in your appointment letter.

Regarding your request for a relieving letter, it is generally customary for employers to issue relieving letters once the notice period is successfully completed. However, there is no legal requirement in India that mandates the issuance of a relieving letter. It is usually a matter of company policy or practice. You can make a formal request for the relieving letter to your employer, and they should provide it upon the completion of your notice period.
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