Hi All,
I am working in a company in Kolkata and as per the appointment letter I am required to serve 3 months notice.
My question is if the employer does not issue me my release letter after I have served 3 months notice can I take any legal action and secondly can the employer withhold my release letter.
A prompt response will be highly appreciated.
Regards
SM
From India, Kolkata
I am working in a company in Kolkata and as per the appointment letter I am required to serve 3 months notice.
My question is if the employer does not issue me my release letter after I have served 3 months notice can I take any legal action and secondly can the employer withhold my release letter.
A prompt response will be highly appreciated.
Regards
SM
From India, Kolkata
184
Dear Sourav,
I assume the Industrial Employment (Standing Orders) Act is applicable to you and to your employer also. In such a case, the employer is bound to issue a service certificate because of a specific provision in the Model Standing Orders. In the state of Maharashtra, the Model Standing Order No. 30 for workers and No. 28 for supervisors, make an employer binding to issue a service certificate if it is asked for by an employee. The relevant clauses are attached below. You will find there will be similar provisions in Model Standing Orders for the State where you were employed.
So you first apply for a Service Certificate to your Employer and also for a salary certificate. If not issued within a reasonable period, you have right to make a complaint to the Assistant Labour Commissioner of the District where you were employed, to whom you can show the provisions and then he will help you to sort the problem.
From India, Kolhapur
I assume the Industrial Employment (Standing Orders) Act is applicable to you and to your employer also. In such a case, the employer is bound to issue a service certificate because of a specific provision in the Model Standing Orders. In the state of Maharashtra, the Model Standing Order No. 30 for workers and No. 28 for supervisors, make an employer binding to issue a service certificate if it is asked for by an employee. The relevant clauses are attached below. You will find there will be similar provisions in Model Standing Orders for the State where you were employed.
So you first apply for a Service Certificate to your Employer and also for a salary certificate. If not issued within a reasonable period, you have right to make a complaint to the Assistant Labour Commissioner of the District where you were employed, to whom you can show the provisions and then he will help you to sort the problem.
From India, Kolhapur
As long as you have givne the 3 months notice period it is upto the company to take further action. Did u get the signature in the copy of the letter submitted. Dont jump into conclusions to go legal. Contact HR or Personal department and ask them whether they are taking action on the letter. If two months have elapsed then send a reminder requesting them to relieve you on the date mentioned. Also request them to issue a certificate of experience and the relieving letter as well as settle the account. Normally any company will follow the practice. If it is not so then you may think of further action.
From India, Madras
From India, Madras
Dear Saurav
You have posed question on hypothetical basis. The following info is required to answer your question..
1) Whether u have acknowledgement of submission of resignation to the company?
2) Have you handed over the charge of work entrusted to you to person authorized by the Company?
3) Are u anticipating that you will not be relieved if yes, specify reason.
4) Have you approached your HR dept and verified about relieving letter?
5) Under which category you fall,which will decide your coverage under the Industrial Employment Act ?
Kindly provide all needed info to guide you rightly.
Ravindra Watve
From India, Pune
You have posed question on hypothetical basis. The following info is required to answer your question..
1) Whether u have acknowledgement of submission of resignation to the company?
2) Have you handed over the charge of work entrusted to you to person authorized by the Company?
3) Are u anticipating that you will not be relieved if yes, specify reason.
4) Have you approached your HR dept and verified about relieving letter?
5) Under which category you fall,which will decide your coverage under the Industrial Employment Act ?
Kindly provide all needed info to guide you rightly.
Ravindra Watve
From India, Pune
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Resignation cum relieving letter.doc