Legal Question in Employment Law in India
releaving letter from employer
R/sir,
I was working as an area sales manager in a private limited company,on 17 April'07 i put my resignation in to hand of company director.On that date I asked for my releaving letter but he said that he will give it on 1 of june.When i reached office on 1 June07 he again said that he will not give me releaving as outstanding of my area is still not clear.Sir,In my appointment it is clearly written that either party can come to an end by giving a notice of one month or salary in lieu of notice,but company not giving me neither salary nor releaving.please guide me how can i get releaving because i got a better opportunity from other company and there releaving letter is a must.
2 Answers from Attorneys
Re: releaving letter from employer
inform the company(New) that you have resigned the job and that they are reluctant to relieve you - the lapse of requsite period youo ar no longer the employee of the old company! so don't worry about it. explain to the present employer and give them sufficient assurance!
Re: releaving letter from employer
It is a kind of exploitation by the company.But there is a flaw on your part also that you had not given one month requisite notice.After submitting your resignation you are no more in employment of your previous company.Utmost you are entitled to pay for one month notice period which you had probably not given.Join your new company and also submit copy of your resignation and also tell them that you shall submit the relieving letter as and when the same shall be given by your previous company. There is no necessity to go in litigation which would otherwise effect your future prospects/career.
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