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Company is not giving releaving and experiance letter
30-Sep-2023 (In Labour & Service Law)
Hi Sir
I have Worked with a company 5 years 1 month, i have resigned and served 20days of notice but my notice period has 90days , my one of the manager (my reporting manager) accepted for buyout option for 2 months , i have no dependency on work and i have completed all the work Knowledge transfer for my team as well. Suddenly my manager said they dont give buyout option and they asked me to serve 90 days.
I have some personal reason for leave the company ASAP so i left that company without serving my 90 days. And also i did not taken my 1 month salary from that company.
Now i went and ask my releaving letter they are saying you have absconded we can not give your papers .But i have formally resigned and handover my things to hr so how they can refuse to give my papers.
What can i do now please any one suggest me.
Hi
Since your manager has accepted the buy out option of 2 months which was later not permitted by HR team, you can choose to pay buy out your notice period and get the proper relieving letter from the company.
Under rules, though you have submitted the resignation letter and also handed over assets, notice period has to be served or paid for by you in order to get your relieving letter.
Also since you have worked for 5 years 1 month, you are eligible for gratuity (15 days of pay / year of service) and also provident fund. So, you need to also Consider the Gratuity and PF aspect as the company can deny to pay you the Gratuity and PF if you are not a Good Leaver.
Hope this information is useful.
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Adv. Rajagopalan
Hyderabad | 25+ Answers
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