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Dear All
I have given my resignation in my company on 13.02.07 and want to be relieved on or before 28.02.07. In my appointment letter it is clearly mentioned that you have to give a notice period of 3 months or pay the basic salary for 3 months and can get the relieving letter.
But my HR is forcing me to stay for another 2 months to get a relieving letter, even I am ready to pay the amount. I want to stop going to office after 28.02.07.
Will it be illegal or is there any other way to come out from this situation? Can I file a case against the employer?

From India, New Delhi
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Dear....,
Appointment letter is one sort of document of agreement/contract between employee and employer. As per terms and condition, I presumse, you are paying the payment in lieu of notice period. Legally employer must give relieving letter to you. However, if present employer is not willing to give releiving letter, you can apprise of the situaltion to would be employer and I am sure would be employer will undrstand your situation. Even, you can give some sort of affidevit (as a surety) to the would be employer that I have no liability of ex employer. Because by the time you take legal action (which you definitely can) your date of joing may elapse and you may loose both employment opportunity.
Regards
Jaspal

From India, Delhi
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Dear Mr. Jaspal
Thanks a lot for your prompt response.
I have spoken to my would be employer and they are ready to accept a undertaking from me.
But I want to know that " Should I stop attending office after 28.02.07 because I can not extend my joining date."
Shall i have to give them in writing that I am not going to attend the office after so and so date..?
Will it be legal or illegal?
Thanks
Anand

From India, New Delhi
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Hi,
you are unnecessary worrying. Just chill and join your new organisation with a smiling face. Give them in writing that you wont be attending office by 28.02.07 and leave it there and after that ask for release letter post joining the new org. If they still do not give, file a litigation and submit a copy to the new employer

From India, New Delhi
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I have worked with a reputed organization for about 8 months. A month after returning from an OJT project, I had some serious medical issues, all because of the company's mismanagement at the OJT place. I was on medical leave for about one and a half months without pay and submitted all the medical documents. After some time, they called me and asked for resignation, stating they were unable to provide more leaves. I then resigned. However, a week later, I received a letter from the company stating that I had been absconded from the company. I called my manager to inquire about the situation, but unfortunately, he started lying, claiming that I did not inform him about the leaves. This is the reason I received the absconded letter. Now, to obtain my relieving letter, they are asking for 3 lakhs. Please advise.
From India, Delhi
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dear sir, you suggest to file litigation . what is the process of filing litigation? maximum candidate are facing problems during switching their job.new organisation ask for release\order .
From United States
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If an employer is behaving like that, then submit your resignation and pay in lieu of the notice period. Approach the inspector under the Shops and Establishment Act for a relieving letter. Alternatively, file a civil suit for a mandatory injunction to obtain the relieving letter, etc., and file an application for interim relief.

Thanks,
Sushil

From India, New Delhi
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Hello,
I have resigned from my company during the bond; however, they are okay to let me leave without paying the bond. They said that they will give me my relieving and experience letter after the 90-day notice period with a loss of pay. Additionally, I will be exiting the company and will not be going to the office.

Please suggest.

From India, Bengaluru
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Dear All,

I worked for Tata BSS Services and resigned on 20 June 2016 with all proper documentation. However, after 4 months in September 2016, the company credited an amount into my account. Now, they claim that I received an excess amount and are withholding my relieving letter. They have not provided me with details of that payment. My manager mentioned that due to a delay in updating my resignation, I received a salary in September. I find it puzzling how I could receive a salary four months after leaving the job. My resignation date was 20 June, and the last working day was 4 July 2016.

I also sent an email to the Managing Director of Tata BSS but have not received a satisfactory answer.

Please guide.

Gaurav Mahajan
EMP ID 134297

From India, Amritsar
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Anonymous
I am a 38-year-old. I stay in Bangalore. I was working for an MNC in Chennai. I took sabbatical leave for about 1 and a half years from December 2013 onwards due to the medical condition of my parents. I resigned from the same stage (sabbatical leave) in August 2015 as it was not possible for me to go back, leaving my sick parents in Bangalore. HR accepted my resignation and assured through email that I was already released. However, she mentioned that it would take a month to issue the relieving letter and experience letter after obtaining clearance from all departments. So, I waited. After 3 months, HR came back and said I needed to pay a recovery amount of 20k as a bonus. I was prepared to pay, but they did not provide details on the mode of payment. I have been asking them for one and a half years. Now, they are stating that I need to pay a notice period recovery amount of 60k.

Kindly let me know if I am obligated to pay this notice period amount considering I was on sabbatical leave. Furthermore, since it has been almost 2 years without receiving my relieving credentials, please suggest the best way to approach this. Should I take legal action? Will it be effective? How long might it take?

They have been causing me distress for 2 years. Please advise.

Regards

From India, Bengaluru
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