Relieving letter
6 months ago
My name is Sandeep and I am resigned from a private general insurance company serving the mandatory 60days notice period and also submitted my official belongings in the office. After one month when I enquired regarding my relieving letter to HR, they said my reporting manager didn't approved my exit clearance.i mailed and asked if there is any pending from my side.but there is no reply from his side. Now it's been almost 2 month. Is there any option going legally.
A.Dear Client,
When you tender your resignation following the terms of your contract of employment and served the notice period, then on the expiry of the notice period, the relationship between an employee and employer is seized and the employer is duty-bound to issue a relieving letter and disburse the F & F Settlement dues to the outgoing employee. So, withholding of relieving letter of an ex-employee amounted to unfair labour practice as defined under Sec.2(r) of the Industrial Dispute Act. In the prevailing situation, you need to file a complaint against the Company for the alleged unfair labour practice before the concerned Labour Commissioner(Central) for redressal of your grievance. Additionally, you may file an application u/s.33C(2) of the I D Act before the Labour Court concerned claiming dues from your employer.
When you tender your resignation following the terms of your contract of employment and served the notice period, then on the expiry of the notice period, the relationship between an employee and employer is seized and the employer is duty-bound to issue a relieving letter and disburse the F & F Settlement dues to the outgoing employee. So, withholding of relieving letter of an ex-employee amounted to unfair labour practice as defined under Sec.2(r) of the Industrial Dispute Act. In the prevailing situation, you need to file a complaint against the Company for the alleged unfair labour practice before the concerned Labour Commissioner(Central) for redressal of your grievance. Additionally, you may file an application u/s.33C(2) of the I D Act before the Labour Court concerned claiming dues from your employer.
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A.Dear Client,
Legal action can be taken under Indian labor laws if your former employer is intentionally withholding your relieving letter without a valid reason. If all else fails and your former employer continues to delay or refuses to issue the relieving letter without a valid reason, you can consider filing a complaint with the labour commissioner or file a case at the labour court in your state. They can help mediate the issue and take necessary actions to ensure your rights are protected.
Legal action can be taken under Indian labor laws if your former employer is intentionally withholding your relieving letter without a valid reason. If all else fails and your former employer continues to delay or refuses to issue the relieving letter without a valid reason, you can consider filing a complaint with the labour commissioner or file a case at the labour court in your state. They can help mediate the issue and take necessary actions to ensure your rights are protected.
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