Legal Question in Employment Law in India

I'm stuck in a very weird scenario where I have served my notice period as per the offer letter in one of the IT company in Bangalore, but at the last day they have not provided me any relieving letter. I'm fine with the reason of full and final settlement is due but now they are asking me the confirmation from the company where I'm joining then they will release my relieving letter. also, they are asking me to pay recruitment charges which was not mentioned in the offer lettet. So in such case to get my all the documents what steps should I take because I have not yet received any relieving letter from tgentgen. They are saying will send you in next 90 days. Is this justified please suggest


Asked on 2/23/16, 11:03 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.02.2016

Dear Sir / Madam,

What is your next career move remains purely at your own discretion, and the Company has nothing to do with it. As far as fulfillment of your commitment with the existing Company is concerned, since you have already served the stipulated notice period, the onus remains on the Company to settle your full and final dues and handover a Service Certificate. You should explain the situation that you are in, to your new employer, requesting them to overlook the clause ,if any, inserted in their Offer / Appointment Letter : "Your appointment is subject to your providing the Company with a relieving letter from your previous employer" Should the new employer agree, you may proceed to work with them, else continue serving with your existing employer till such time you find and fetch a better job elsewhere.

Regards,

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Answered on 2/23/16, 5:14 pm


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