Legal Question in Employment Law in India

I was working with wipro franchise ,my contract was till 31st december 2015

and it is very clearly mention in our contract that " this offer of appointment is valid from 22nd june 2015 to 31st december 2015 and stands automatically withdrawn thereafter unless the date is extended and communicated to you in writing "

they didnt communicated anything with us regarding extension

notice period was of 1 month(wipro has a portal where we have to apply for resignation means when we resign today we have to select relieving date after 30 days only they made portal such a way)

on 4th jan 2016 i joined other organisation jst by showing approved resignation mail snapshot of previous manager

they are not providing me my experience letter and relieving letter i worked with them for 1 year(23rd jan to 21st june was 1st contract then extended till 31st dec 2015)

i didnt sign any contract with them after 31st dec

this was my first job ,they didnt provide any kind of induction to me

please let me know should i get my experience & relieving letter?

did i have done any mistake? please let me know?


Asked on 3/03/16, 4:39 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

03.03.2016

Dear Sir / Madam,

The condition regarding giving and serving one month's notice would be applicable only if you resigned anytime before completion and during your fixed term contract. For example, if you were to resign on say 01st November, 2015, you would have to give the Company a month's notice and work till 30th November, 2015. But in your case, since the Company has not communicated to you in writing of any further extension, your services are deemed to have been automatically withdrawn on 31st December, 2015 eliminating the need for any notice to be given by you to the Company. The franchisee Company remains legally liable to provide you with an experience letter and relieving letter. You have adhered to and performed your role without any mistake or violation. You should write a letter and request the Company to issue you both the letters.

Regards,

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Answered on 3/03/16, 9:19 am


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