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


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?

 

Answer

 

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.

 


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