Harrasment
5 months ago
Due to some emergency family condition, I had to resign from my position on immediate basis. I sent the mail to my employer and informed my manager. But both HR and My Manager threated me that they won't provide me my FNF, Experience letter or relieving letter. They are trying to force me to work, what can I Do?
A.Dear Client,
On cessation of employment on submission of resignation even on the breach of contract of employment, an employer neither can withhold a relieving letter and F & F settlement dues of the employee nor, force him/her to work which will be considered an unfair labour practice if the matter is litigated by the employee before the competent authority. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement/contract/policy 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. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract), and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Bank, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Apart, you need to file an application under Sec.33C(2) of the I D Act before the Labour Court concerned for recovery of your F & F Settlement dues receivable from the employer/Bank. The application claiming dues from the employer/Bank is required to be filed within one year before the Labour Court. Otherwise, you have to file a civil suit against the Bank before the Civil Court for recovery of dues and other reliefs in the matter. In case you need any legal assistance from us, then contact our legal team along with all the relevant papers.
On cessation of employment on submission of resignation even on the breach of contract of employment, an employer neither can withhold a relieving letter and F & F settlement dues of the employee nor, force him/her to work which will be considered an unfair labour practice if the matter is litigated by the employee before the competent authority. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement/contract/policy 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. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract), and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Bank, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Apart, you need to file an application under Sec.33C(2) of the I D Act before the Labour Court concerned for recovery of your F & F Settlement dues receivable from the employer/Bank. The application claiming dues from the employer/Bank is required to be filed within one year before the Labour Court. Otherwise, you have to file a civil suit against the Bank before the Civil Court for recovery of dues and other reliefs in the matter. In case you need any legal assistance from us, then contact our legal team along with all the relevant papers.
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A.Dear Client
Check your employment contract and company policies to understand the terms and conditions related to resignations, notice periods, and the issuance of documents. Draft a formal written request to your HR department, clearly stating your request for FNF, experience letter, and relieving letter. Mention the details of your resignation and the reasons for your immediate departure due to family emergency. If you do not receive a response within a reasonable time, follow up with your HR department through emails or formal letters, requesting a resolution. If your immediate HR is unresponsive, consider reaching out to higher-ups in the HR department or relevant management levels to explain your situation.
Check your employment contract and company policies to understand the terms and conditions related to resignations, notice periods, and the issuance of documents. Draft a formal written request to your HR department, clearly stating your request for FNF, experience letter, and relieving letter. Mention the details of your resignation and the reasons for your immediate departure due to family emergency. If you do not receive a response within a reasonable time, follow up with your HR department through emails or formal letters, requesting a resolution. If your immediate HR is unresponsive, consider reaching out to higher-ups in the HR department or relevant management levels to explain your situation.
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