Requirement of Relieving and Experience letter
5 months ago
I am working in a company since April , 2023 and now I want to leave the company as I am selected in a MNC. As per offer letter the candidate should serve 3 month notice. I talked to HR about the discretion for which she said to relieve in immediately on lieu of my incentives & salary of October which will not be paid to me , even then she denied to provide any written documentation of my candidature
A.Dear Client,
when an employee tenders his resignation to pursue a better career even in breach of the terms of employment, the employer cannot withhold his relieving or experience letter and his F & F dues. In the absence of a specific stipulation in the contract of employment, the employer cannot deduct any amount from the F & F dues for breach of contract. As per Section 27 of the Indian Contract Act, 1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. So, regardless of the reasons behind the cessation of employment, an employee deserves a relieving letter, and F & F dues for the period he served the company and denial of the same amounts to unfair labour practice.. So, in the prevailing situation, if you are a workman as defined under Sec.2(s) of the I D Act. then, serving a legal notice to your employer/company, file a complaint against them for unfair labour practice before the concerned Labour Commissioner for redressal of your grievance, and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court claiming your dues from the employer.
when an employee tenders his resignation to pursue a better career even in breach of the terms of employment, the employer cannot withhold his relieving or experience letter and his F & F dues. In the absence of a specific stipulation in the contract of employment, the employer cannot deduct any amount from the F & F dues for breach of contract. As per Section 27 of the Indian Contract Act, 1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. So, regardless of the reasons behind the cessation of employment, an employee deserves a relieving letter, and F & F dues for the period he served the company and denial of the same amounts to unfair labour practice.. So, in the prevailing situation, if you are a workman as defined under Sec.2(s) of the I D Act. then, serving a legal notice to your employer/company, file a complaint against them for unfair labour practice before the concerned Labour Commissioner for redressal of your grievance, and apart, you can file an application u/s.33C(2) of I D Act before the concerned Labour Court claiming your dues from the employer.
Helpful
Helpful
Share
Read Related Answers
Electricity bill dispute
Dear Sir,
If electricity office not ready to disconnect the electricity facility inspite of nonpayment of consumption charges. It is better to proceed like that only.
Non payment of salary
Dear Client,
The remuneration against any service does not stand on a condition or happening of a condition and cannot be a part of a valid contract of employment. Such a stand on the part of the Comp...
sole arbitrator passed ex party award
Dear Client,
In this situation, it's essential to take prompt action to address the notices and the ex-parte award passed against you. Firstly, gather all relevant documents, including the settlement...
Illegal arbitration make by maltisate cooperative Society
Dear sir,
You may lodge complaint with appropriate authority and challenge award passed by arbitrator before civil court.
My college changed the duration of our internship
Dear Sir,
Just obey the orders of the management of the college otherwise if you go to Court you have to wait for more and more time.
Read Blogs on Arbitration and Mediation
Arbitration and Mediation Lawyers
Find Lawyers by Location
