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Employer not issuing relieving letter what are my legal rights
14-Dec-2023 (In Labour & Service Law)
Hi, I was working in a pvt. co. and gave resignation on Aug 10, 2016. As per terms of appointment I had to serve 3 months notice period or have to pay salary in shortfall of served notice period. I served 53 days and paid for 37 days. Now my employer is not issuing me relieving letter saying that you have not handed over properly, please come to office for 2 days then only we will issue relieving letter. My question is whether his demand is feasible? Moreover, the office has already been relocated to Delhi so cannot go from Bangalore to Delhi on my own expense. Please advise.
If your designation is not managerial or supervisory level, then you can submit a complaint to the area Assistant Labour Commissioner seeking the experience letter. The termination letter issued by the management itself amounts to the relieving letter, and the management will not provide separate relieving letter as they have terminated your services as punitive measure.
If you are aggrieved about the way of termination that without any fault of yours they terminated your services without affording you any opportunity to prove your innocence, you can file statement of claim before the above said Assistant Labour Commissioner for reinstatement of your services.
If your job is managerial level, then you are beyond the jurisdiction of the Labour Department and Labour Courts and your grievance can be redressed by filing appropriate civil suit before the Civil Court.
If you are aggrieved about the way of termination that without any fault of yours they terminated your services without affording you any opportunity to prove your innocence, you can file statement of claim before the above said Assistant Labour Commissioner for reinstatement of your services.
If your job is managerial level, then you are beyond the jurisdiction of the Labour Department and Labour Courts and your grievance can be redressed by filing appropriate civil suit before the Civil Court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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