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What options do i have if company doesn't provide my relieving letter?


30-Apr-2023 (In Labour & Service Law)

What legal remedies do I have if my company is not providing me a relieving letter? I have been working with this firm but I want to leave this company. This firm is ready to give the letter only if I serve them a notice for a period of 2 months. The problem is that I am ready to give them a notice period of 57 days as the new company demands for the same.

 

The 3 days is the period when I am supposed to join the new company. What can I do now?

 

Answers (1)

Answer #1
379 votes

Your employment rules are governed by the Employment Contract which you had signed at the time of joining the firm. Now if the same requires that a 2 month notice period has to be served before resignation, then you have to comply with the same.

You can make a representation requesting them to waive off the last 3 days, however it is at the firm's discretion to allow or reject the same. You cannot coerce the Company in any manner to allow your request and relieve you 3 days early.

You can request the other firm to let you join after three days and you can show to them that you had made a representation requesting them to waive of the last 3 days, however the same was not allowed. 

The other option is you give them a 57 days notice period and resign. Thereafter, once you have joined the company, you can send them a legal notice to give you your relieving letter and your full and final payment within 15 days and if the same is not granted, you can initiate a recovery suit against the company.

But we should warn you that this method will be time consuming.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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