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Resignation accepted, now relieving letter not provided. What action?
19-Mar-2023 (In Labour & Service Law)
I was working in an It company for the past 9 months. I had an emergency at home, which required my immediate attention so I asked the employer for a leave of 2 days. I had put in my leave application 3 days before the date of leave. I also had 4 casual leaves in balance, which I am entitled to.
But the Employer refused to grant me the leave. And the Employer threatened me of dismissal. After this, I sent a resignation letter on the same day to my employer and it was accepted After 2 days when i asked for a relieving letter, the employer refused to provide the same.
What action can i take?
As per law, if the employer has accepted your resignation letter as per your wish, it implies that the Company has waived the notice period that you are required to serve in the organization post resignation.
You should persuade the employer to provide you with a Experience Certificate, which the employer is legally bound to provide every employee on request.
In case your employer still resists, you can initiate proceedings against your employer in the appropriate civil court. Prior to this, to be n a safer side you can send a legal notice to your employer through an Advocate.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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