Legal Question in Employment Law in India

Hello sir,

9th Oct,2014 was my last working day in my current employer and I came to office to finish my remaining exit formalities and collect my relieving letter on 10th Oct,2014 . But after having a discussion with HR, I came to know that I would not receive any relieving/release letter and experience letter. By that time they have taken my ID card and deleted my mail ID.

I have resigned on 19th September 2014 and served 2 weeks of notice period as per the employment terms and conditions for probation period and my last working day was 9th October 2014. In offer letter it's mentioned that""Your employment will be subject to a probation period of 4 months .It's our mutual agreement that during the probation period either party may give 2 weeks notice to terminate this contract of employment ""

My questions are.

1.Do they have rights not to give my relieving and experience letter?

2.How can I proceed in this situation as I have to get the relieving letter in order to join my next organization?

3.Can I take any legal action on them?

please help me out....


Asked on 10/10/14, 7:06 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

10.10.2014

Dear Sir / Madam,

You will be having some proof like payslip etc. to prove that you were working in the Company. You should explain to your new employer that your present Company refuses to issue you a relieving letter hence that condition should be waived in your case. Legal action is unwarranted and not recommended for such a petty matter.

Regards,

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Answered on 10/10/14, 9:40 am


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