Legal Question in Employment Law in India

Resign from the company

Dear Sir,

I have resigned from my company (MNC) and went on vacation for 1 month. I hv 90 days notice period. Company is saying this 1 month will not be considered as a part of notice period. Moreover as per my employment contract 90 days or basic pay. I am ready to pay basic pay. In that case, can they relieve me with relieving/experience letter. I am deputed to other country. My company is saying my relieving will be decided by other company but as per my employment contract nowhere it is mentioned. what to do?


Asked on 10/15/08, 1:04 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Resign from the company

in that situation, if the company refuse to tender relieving letter or harass you on that issue, you may file a suit for specific relief based on the employment contract. the court would direct the company to issue relieving letter and the experience letter. you may hire a lawyer in india if you employed abroad. u just need to send a duly notarized vakalatnama and the lawyer would get you the desired documents from company....all the best.

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Answered on 10/16/08, 3:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Resign from the company

You should approach your employer and explain your position. It is not a matter where any legal issue is involved; moreover, you may not want to go to a court for getting 'relieving letter' from the employer.

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Answered on 10/15/08, 8:50 am


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