Legal Question in Employment Law in India

Respected Sir/Mam,

I Worked in private it company, I joined here in June 2014 for the past 1 year I worked here, recently I got an offer in one American MNC and I planned to resign my job, so I spoke with my manager regarding this on 16th June 2015, she got anger and she said "ok you put a mail to HR , he will take care of it" so I put the mail, she didn't reply for it. Then after 1 day 17th June 2015 evening HR called me and said that " I give you 1 hour time you have to leave the company write your resignation letter and give me ,give your id card and leave the company" I wrote resignation letter and I signed it too and gave to him, I requested him a copy of it, he laughed and said " I will see how you joining in new company you and go and search job as fresher we will not give you any single bit for paper" I cried and I requested lot to give a copy of resignation letter, but they send me out.

without resignation copy or relieving letter I can't join in new company.

I requested them with many people's they saying that it's our policy if anybody leaves the office before 2 years we won't be giving them relieving letter, I requested them that ok but please give me resignation copy , they saying if I give you will join in new company and you should not join that's our aim.

Kindly help me something in this issue, or give me any suggestions to move further., also I don't know what to do.

HR threatening me that if you do anything to get relieving letter or copy of resignation letter we will spoil your career, we will say bad about you if any background verification came to us.

I didn't sign any service agreement, like I accepting that you no need to give even a copy of my resignation letter. Also there is no such rules in offer letter, they said orally that we won't give you experience certificate, but they didn't said we won't give you even a copy of resignation letter.

If I get a Xerox copy of my resignation copy and if they didn't say anything wrong about me that's enough for me, kindly do the needful as soon as possible. Because Joining date in new company is nearing I want the copy before this Thursday kindly do the needful.

I don't know whether they doing this is correct or not as per law, kindly give me any suggestion, if that is wrong please do some action and get a copy them, this is my career my life, every day I am getting afraid of this.

Kindly do the needful. Awaiting your response.

Documents I have,

Appointment letter of current company

Pay Slips

Appraisal letter

Id card copy

Bank Statements.

Thanks


Asked on 6/24/15, 4:20 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.06.2015

Dear Sir / Madam,

You should write a mail to your reporting Manager copied to the HR Head mentioning the exact contents of your resignation letter as it is and specifically state the date of submission of your resignation letter 17th June, 2015 therein. Also mention in your mail that you have already handed over and returned your Company ID Card and all other Company property, documents and records that were in your possession back to the Company. State your last working date in the Company and request for payment and settlement of your full and final settlement dues and your Service Certificate. Make your new employer (reporting Manager and HR of the new Company) verbally aware of the displeasure and the treatment meted out to you by the present Company officials and the problems they've hinted they will create regarding your relieving letter and service certificate, though your new employers will already be aware that your present Company will dislike that you are leaving them for the betterment of your own future and will try to create issues. Request your new reporting boss and the HR to overlook the relieving letter issue and forward your above mail written to your present Company to your new reporting boss and the HR for their information. Keep full faith in yourself and your personal abilities and go ahead confidently and join the new Company. Don;t look back again.

Regards,

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Answered on 6/24/15, 5:24 am


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