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Legal action against employer for not giving relieving letter
25-Feb-2023 (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.Please suggest me how can I get my relieving letter after 2 year
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.
If the organisation is govt body file an application in the service tribunal.
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Adv. Brij Bhushan Singh
Jodhpur | 25+ Answers
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Is it OK to leave a company without relieving letter?
If you dont want to worry about a letter of experience, then leave it behind. You can get the letter back later by contacting the labor commissioner. The company has no recourse. You cant be forced to stay or they wont prevent you from leaving.
Can employer take legal action against employee after resignation?
Consequences for not serving the notice period
Breach of Contract: Employment contracts often specify the required notice period. Failure to comply with this requirement can be viewed as a breach in contract and allow the employer to take legal actions against the departing worker.
What is the law for relieving letter?
It is not required by law to issue a relieved letter, but employers often do so to acknowledge the resignation of employees and facilitate future employment. 30-Jun-2023
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
Udaipur | 100+ Answers
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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.
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
Jaipur | 100+ Answers
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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..
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
Alwar | 25+ Answers
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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
Jaipur | 100+ Answers
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What should an employer do if the employee does not receive a letter of resignation? If an employee has not received a relieving note, they can contact their employer to request one. If the employer does not send the letter, an employee may file a complaint or take legal action if the employer refuses to provide it.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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