Legal action against employer for not giving relieving letter

Question

Legal action against employer for not giving relieving letter

14-Jun-2024 (In Labour & Service Law)

Dear Sir, I worked for a company as a Software trainee in Jaipur two years back(Jan 2015 - Nov 2015) for 11 months, and due to some salary issue I resigned the company without surviving notice period. After leaving that company i joined one other org(Nov 15 - current) in Jaipur only. Now again I am looking for a change and selected for one reputed software company for Mumbai location. I am on notice period with my current employer and joining next company in few days. So at the time of my potential new employer's BGV they are asking for relieving letter from my ex employer, without relieving letter they wont onboard me. So I contacted to my ex employer's HR and asked her for the same but she is denying me to give relieving letter. Even I am ready to pay for my notice period amount salary but still she is not supporting me in any way. She has just marked me as absconded from the services due to not completing exit process. what to do if company is not giving relieving letter, Please suggest me how can I get my relieving letter after 2 year

Answers (6)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2024-06-14T18:03:58+05:30

If your employer isn't giving you a relieving letter even after you've resigned and served your notice period, you have every right to push back. First, send a clear and polite email to HR and your reporting manager, reminding them of your resignation date and that you completed the notice period and handover. Ask for the relieving letter formally.

If they still don't respond, you can escalate. A legal notice from a lawyer often does the trick it shows you're serious. You can also file a complaint with the labour commissioner or take civil action if it's affecting your future job. Keep all your documents and communication as proof. And yes, many companies will accept your resignation acceptance letter or experience letter as an alternative so that's worth checking with your next employer too.

Advocate Brij Bhushan Singh LawRato · Accepted Answer · 2024-06-14T18:03:58+05:30

Answer #2

Issue a notice for demand of justice to the employer mention ing all the facts. If there is an agreement between you and your employer arbitration clause should be therefollow the arbitration clause or file a civil suit for redress your grievances. If the organisation is govt body file an application in the service tribunal.

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Adv. Brij Bhushan Singh Adv. Brij Bhushan Singh

Jodhpur | 25+ Answers

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Advocate Devesh Tripathi LawRato · Accepted Answer · 2024-06-14T18:03:58+05:30

Answer #3

Dear, you need to tell your advocate all episode along with document relevant to matter, your employer will have to give the relieving letter and withholding without any valid reason is absolutely wrong on the part of your employer. So contact an advocate.

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Adv. Devesh Tripathi Adv. Devesh Tripathi

Jaipur | 100+ Answers

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Advocate Divesh Sharma LawRato · Accepted Answer · 2024-06-14T18:03:58+05:30

Answer #4

Dear Reader, I would opine you to approach a lawyer in such urgency, show him the terms and conditions of the Agreement. serve a legal Notice and invoke the extra ordinary Jurisdiction of High court.

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Adv. Divesh Sharma Adv. Divesh Sharma

Jaipur | 100+ Answers

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Advocate Mahesh Kushwaha LawRato · Accepted Answer · 2024-06-14T18:03:58+05:30

Answer #5

There is no need to take reliving letter from ex employer. You need to take the same from current employer which will be your ex employer after joining new one. You can produce said letter from present employer

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Adv. Mahesh Kushwaha Adv. Mahesh Kushwaha

Udaipur | 50+ Answers

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Advocate Ashok Kumar Sharma LawRato · Accepted Answer · 2024-06-14T18:03:58+05:30

Answer #6

Dear As per limitation act you can raise your application with appropraie authority within 3 years of date of incident/action.in your case you can submit an application seeking relief under Industrial Dispute act before ALC Jaipur , copy marked to CLC Delhi. along with your relevant documents and current conditions also you are advised to share your employment agreement/appointment letter for further guidance..

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Adv. Ashok Kumar Sharma Adv. Ashok Kumar Sharma

Alwar | 25+ Answers

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