Absconding
4 months ago
I have worked in l&t finance for one month, due to some family issues I left the company and I have reported my reporting manager that I want to left my job , now showing termination status in my name, I have not received any termination mail or letter,I have contacted with HR team regarding this that if any due for not serving notice period , I always want to pay but no response from them.
What can I do for getting relieving letter
A.Dear Client,
An employee should receive a relieving letter when he/she resigns from their job or when his/her employment contract comes to an end for a reason other than disciplinary action. A relieving letter is a formal document that confirms the employee's resignation and serves as proof that they have completed all of their obligations to the company. As per the Industrial Employment (Standing Orders) Act, 1946, it is legally mandatory for employers to issue relieving letters to employees who resign from service. . As per the mandate of 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. 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 Company 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.
An employee should receive a relieving letter when he/she resigns from their job or when his/her employment contract comes to an end for a reason other than disciplinary action. A relieving letter is a formal document that confirms the employee's resignation and serves as proof that they have completed all of their obligations to the company. As per the Industrial Employment (Standing Orders) Act, 1946, it is legally mandatory for employers to issue relieving letters to employees who resign from service. . As per the mandate of 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. 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 Company 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.
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A.Dear client,
As you mentioned you have not served your notice period, the company on said event has the right to hold your relieving letter.
But as you have mentioned even after you approaching the company repeatedly, if you can establish the same is being done out of arbitrary and unfair practices you can file a complaint with Labour Commission.
Thank you.
As you mentioned you have not served your notice period, the company on said event has the right to hold your relieving letter.
But as you have mentioned even after you approaching the company repeatedly, if you can establish the same is being done out of arbitrary and unfair practices you can file a complaint with Labour Commission.
Thank you.
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