Hi, I have left my current organization and joined a new organization. I have served 45 days of notice period, but the notice period is actually 90 days, as mentioned in the appointment letter. Since this information was not stipulated in the appointment letter, am I still eligible to receive a relieving letter? The employer is currently withholding the relieving letter. I agreed to the terms & conditions, including a 2-year commitment, via email only. I have been with the organization for only 20 months. Are there any legal actions I can take in this situation?
From India
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From India
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Hi,
I have left my current organization and joined a new organization. I have completed 45 days of the notice period, but the notice period is 90 days as mentioned in the appointment letter. Since the extended notice period was not acknowledged in the appointment letter, am I still eligible to receive a relieving letter? My employer is refusing to provide a relieving letter. I had agreed to the terms and conditions, including a 2-year commitment, only via email. However, I have only been there for 20 months. Can I take any legal action in this situation?
From India
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I have left my current organization and joined a new organization. I have completed 45 days of the notice period, but the notice period is 90 days as mentioned in the appointment letter. Since the extended notice period was not acknowledged in the appointment letter, am I still eligible to receive a relieving letter? My employer is refusing to provide a relieving letter. I had agreed to the terms and conditions, including a 2-year commitment, only via email. However, I have only been there for 20 months. Can I take any legal action in this situation?
From India
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Dear Aniket,
No law binds the employer to issue the appointment letter. If your appointment letter mentioned a 90-day notice period, then you should have served it properly and then left the company.
An appointment letter is a "contract" under the provisions of the Indian Contract Act, 1872, and fulfillment of the terms and conditions of the contract is obligatory on both sides. By abandoning the employment, you have breached the contract.
Your question was on legal action by the employer. What legal action the employer takes remains to be seen.
Anyway, withholding the relieving letter itself is a punishment. It has nullified your tenure in their company.
Of course, for not serving the complete period of employment of two years or for not serving the notice period, the employer may raise a damage claim. Whether they do so cannot be estimated.
Thanks,
Dinesh Divekar
From India, Bangalore
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8227No law binds the employer to issue the appointment letter. If your appointment letter mentioned a 90-day notice period, then you should have served it properly and then left the company.
An appointment letter is a "contract" under the provisions of the Indian Contract Act, 1872, and fulfillment of the terms and conditions of the contract is obligatory on both sides. By abandoning the employment, you have breached the contract.
Your question was on legal action by the employer. What legal action the employer takes remains to be seen.
Anyway, withholding the relieving letter itself is a punishment. It has nullified your tenure in their company.
Of course, for not serving the complete period of employment of two years or for not serving the notice period, the employer may raise a damage claim. Whether they do so cannot be estimated.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Aniket,
If in your appointment letter it is mentioned that there is a 90-day notice period, then you must serve it as specified or alternatively, you can pay the remaining NP Recovery amount and then leave the company. In this regard, you may discuss the matter with the HR department.
Furthermore, if you have not signed any employment bond with the company, they cannot take any action against you. Moreover, even otherwise, they are not entitled to take any action under Section 27 of the Indian Contract Act. It would be advisable to resolve the issue by making the NP recovery amount deposit.
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If in your appointment letter it is mentioned that there is a 90-day notice period, then you must serve it as specified or alternatively, you can pay the remaining NP Recovery amount and then leave the company. In this regard, you may discuss the matter with the HR department.
Furthermore, if you have not signed any employment bond with the company, they cannot take any action against you. Moreover, even otherwise, they are not entitled to take any action under Section 27 of the Indian Contract Act. It would be advisable to resolve the issue by making the NP recovery amount deposit.
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Acceptance of the offer given by mail renders it binding. There can even be oral agreements, and they are valid subject to other conditions in this regard. You have neither served the full notice period nor fulfilled the committed two years of service, yet you expect the employer to give you a relieving order and a service certificate. There is an important principle: one who seeks justice must first of all do justice. If you want them, either serve the remaining period or pay for the balance period. Only then is there a justified claim for them. Talk to HR and make your proposal.
From India, Mumbai
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From India, Mumbai
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Getting an Experience Letter is a professional right of everyone, irrespective of levels or designations. Your appointment letter entails the details of terms and conditions of your association with the organization. Your appointment letter is a contract between two parties, i.e., employer and employee. This contract has always been a balancing act in order to execute, for example, both parties shall fulfill all the terms and conditions. Say, for example, the notice period is 90 days for both parties or salary in lieu (a standard case of an appointment letter). In your case, both parties have to serve the notice period of 90 days. You have worked there for 20 months, drawn the salary, and worked as per requirements. Just by merely not signing the appointment letter and having worked with them for 20 months doesn't mean that you have not accepted the terms and conditions. In terms of the contract, it's been fully executed. There is clearly an acknowledgment from your side in terms of the deposition of salary in your account.
In your case, it's 45 days. The rest of the notice period amount due for the remaining days must be settled in full and final settlement, and you have to hand over the requisite things in your possession. Only then are you entitled to your professional right of an experience letter. If the employer is not willing to issue an experience letter, you can initiate legal action for fulfilling the terms of your association with them. Last but not least, always have a clear understanding of the association; the organization also has its commitment towards its stakeholders. Let's conduct ourselves in professional ways.
Hope this is useful.
Regards, Amol
From India, Mumbai
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In your case, it's 45 days. The rest of the notice period amount due for the remaining days must be settled in full and final settlement, and you have to hand over the requisite things in your possession. Only then are you entitled to your professional right of an experience letter. If the employer is not willing to issue an experience letter, you can initiate legal action for fulfilling the terms of your association with them. Last but not least, always have a clear understanding of the association; the organization also has its commitment towards its stakeholders. Let's conduct ourselves in professional ways.
Hope this is useful.
Regards, Amol
From India, Mumbai
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