Can a company terminate me if i am not able to move to their base location
5 months ago
I work in a company where i was working from home due for 1.8 years now company has started calling me to banglore . In my offer letter location is mentioned as banglore. But now my mother current situation is not well and it will be difficult to move ahead to banglore . My company will terminate me ? If yes will they give me experience letter or reliving letter ?
A.Dear Client,
Whether they will provide you with an experience letter or a relieving letter depends on the specific terms and conditions of your employment and the company's policies. Our legal team needs to go through these documents before providing you with any specific legal advice.
Whether they will provide you with an experience letter or a relieving letter depends on the specific terms and conditions of your employment and the company's policies. Our legal team needs to go through these documents before providing you with any specific legal advice.
Helpful
Helpful
Share
A.Dear Client,
Experience and relieving letters are important because they serve as official documentation of an employee’s past work experience and separation from their previous employer. Future employers often require these documents during the recruitment process to verify the candidate’s employment history and assess their suitability for a particular role. A relieving letter is a formal document provided by the employer to an employee after the employment is over. It is generally called an experience letter and is usually issued on the last working day of the employee. When an employee tenders his resignation 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 even deduct or recover 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/contract 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, F & F dues for the period he served the company, and denial of the same by the company amounts to unfair labour practice. But there is a negative impact of an experience letter, in case the employer terminates you on the ground of disobedience of their lawful instruction or advice treating the same as misconduct. The term or word "termination" itself puts a stigma or negative remarks in the service career irrespective of the grounds behind the termination of an employee from a Company. A relieving letter or experience letter bearing such a stigma or negative remarks does not hold good for future employment in any other Company or establishment and may be a cause of rejection of selection or further employment elsewhere on Back Ground Verification(BGV) of the employee putting your career at stake. So, considering all the positive and negative impacts, if you feel it necessary to have an experience or relieving letter, then on denial of the same by the employer, if you are a workman as defined under Sec.2(s) of the I D Act, 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 F & F Dues dues receivable on your resignation/termination from the employer/company.
Experience and relieving letters are important because they serve as official documentation of an employee’s past work experience and separation from their previous employer. Future employers often require these documents during the recruitment process to verify the candidate’s employment history and assess their suitability for a particular role. A relieving letter is a formal document provided by the employer to an employee after the employment is over. It is generally called an experience letter and is usually issued on the last working day of the employee. When an employee tenders his resignation 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 even deduct or recover 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/contract 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, F & F dues for the period he served the company, and denial of the same by the company amounts to unfair labour practice. But there is a negative impact of an experience letter, in case the employer terminates you on the ground of disobedience of their lawful instruction or advice treating the same as misconduct. The term or word "termination" itself puts a stigma or negative remarks in the service career irrespective of the grounds behind the termination of an employee from a Company. A relieving letter or experience letter bearing such a stigma or negative remarks does not hold good for future employment in any other Company or establishment and may be a cause of rejection of selection or further employment elsewhere on Back Ground Verification(BGV) of the employee putting your career at stake. So, considering all the positive and negative impacts, if you feel it necessary to have an experience or relieving letter, then on denial of the same by the employer, if you are a workman as defined under Sec.2(s) of the I D Act, 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 F & F Dues dues receivable on your resignation/termination from the employer/company.
Helpful
Helpful
Share
Read Related Answers
Listed company registered office in residential premises.
Dear Client,
The use of a residential building for commercial purposes is not permissible under the law unless the class or character of the building is converted by the competent authority i.e, Munic...
Boss told me to resign
Dear Client,
An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in p...
Commercial flate
Dear Client,
Regardless of the character of the flat, commercial or residential, a common area maintenance(CAM) charge is payable by the owner of the flat to a Society or Association.
Resignation wihout notice period
Dear Client,
A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employ...
Service Overlap issue
Dear Client,
There is no overarching law that prohibits a person from doing multiple jobs. It is not illegal however both companies should not have the clause “cannot take up work full time in some o...
Read Blogs on Corporate and Incorporation
Corporate and Incorporation Lawyers
Find Lawyers by Location
