Company denying for providing experience letter and relieving letter
5 months ago
As i was working in an organisation there working hours more than 12 hours getting overwhelming and they are pushing to work on fake experience, as i don't serve any notice period in such condition but i drop a mail prior 15 days that i am not going to continue after specific date. So now they are denying from providing me relieving letter and experience letter as well salary also.So what should i do now please suggest
A.Dear Client,
A contract of employment governs the relationship between the employer and employee and both are required to discharge their contractual obligation. You left the job of the company without any notice to the employer and without serving a notice period which amounts to a breach of contract. And for that breach of contract, an employer can take legal action against you. However, when you inform your decision to your employer through email, the formal communication may be treated as complete. 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 in the absence of any specific stipulation in the contract of employment barring the employee from the claim of claim F & F dues, an employer cannot deny the claim outrightly without any valid reason and that may be termed as 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.
A contract of employment governs the relationship between the employer and employee and both are required to discharge their contractual obligation. You left the job of the company without any notice to the employer and without serving a notice period which amounts to a breach of contract. And for that breach of contract, an employer can take legal action against you. However, when you inform your decision to your employer through email, the formal communication may be treated as complete. 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 in the absence of any specific stipulation in the contract of employment barring the employee from the claim of claim F & F dues, an employer cannot deny the claim outrightly without any valid reason and that may be termed as 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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A.Dear Client
Send a polite and formal email to the HR department and your previous manager, requesting your relieving letter and experience letter. If this method does not work, you can also file a complaint with the labor department authority in your area. They can intervene on your behalf and help ensure that your rights as an employee are protected.
Send a polite and formal email to the HR department and your previous manager, requesting your relieving letter and experience letter. If this method does not work, you can also file a complaint with the labor department authority in your area. They can intervene on your behalf and help ensure that your rights as an employee are protected.
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