Requirement of Relieving and Experience letter
6 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.
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