Regarding relieving letter
5 months ago
Hello,
I was working in a reputed private bank for around a year and I resigned then after. I have also served a notice period of complete 3 months as was specified by the employer. However, on the last working day i was taking my salary slips and tax data of myself and mistakenly took banks confidential data in the mail to my personal mail id. I showed it to my supervisors and deleted the mails received without forwarding or downloading it. I had self declared that it was by mistake and that I had deleted the data on the very same day.
Since then, its been around 5 months I have not received FnF settlement and relieving letter or any communication from the bank. Upon following up with the bank for around 5 months, my HR told me I would receive only experience letter and not relieving letter as per the policy. I wanted to know if there is any way to receive relieving letter since it is asked for future employments.
On cessation of employment in terms of the contract of employment, an employer cannot withhold a relieving letter and F & F settlement dues 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.
We need to check your employment contract and the company's policies to understand the terms and conditions regarding relieving letters. You can approach the labor court or tribunal by issuing a legal notice to the management, HR, and reporting manager through a lawyer.
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