My friend has worked in an organization for 7 Months. He joined in the month of May 2018 and decided to quit in the month of Sept and Placed his resignation. He has worked for 2 Months after resignation.
As per the Offer Letter (Note: No Bond given), there is a mandatory service period is 1 year and notice period is 3 months. Now, the organization is asking him to pay 5 months of gross salary in order to get his relieving letter. Please advise what can be done here to get his relieving letter.

From India, Bengaluru
Asso.prof.(commerce & Management)
Insolvency N Gst Professional

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Company is being unreasonable in demand of 5 months gross pay.Raise the level of correspondence to higher level officials and see what they say.
Otherwise you would be forced to go in for legal actions to get your dues.

From India, Pune

Is't the Relieving Letter so crucial for your new employment? Can you not manager without furnishing the RL. Unfortunately there is grievance system in the country which would hasten things to help the employees in distress. Ofcourse against the stipulated NP of 3 months you had already worked for 2 months after submitting the resignation which should be considered as work in NP, leaving a balance of 1 month as not served. As Nath Rao pointed out the employer is ruthless in seeking 5 months compensation. If there is a time constraints you may as well meet the Seniors and request them to reconsider and accept only 1 month salary (being the unserved NP) and try to obtain your RL. If the RL is only optional you should be prepared to forego the RL and concentrate on your future career. Incidentally, have you already joined the new co. or still continue with pre-employer and struggling to get RL.?
From India, Bangalore

Hello Sir,
Thanks for the responses. I am discussing with HR's since 3 months on this and there is no positive response. Indeed, it is rude and humiliating too. They are not even giving a proper appointment and not even allowing into office.
I am ready to pay 2 months of notice pay. But, they are not evening considering in discussing.
I have explained the same to the new organisation that I have to join and there RL is mandatory which these people are not ready to give.
One more clause in Offer letter is, even in the last day of 1 year completion, if they terminate me, I have to pay 3 months compensation. Ifbthey apply this clause, I doubt I will never get RL even if I stay.
Will Labour court help me in getting RL. If so, how many days it might take?
Kindly advise me.

From India, Bengaluru

In the circumstances, I can only suggest the following to solve the imminent necessity of RL. Buy the remaining NP by remitting the money on the only condition that they should issue unconditional & clean RL. This remittance should only be by crossed DD under proper acknowledgement. Once RL is received and it's submitted to the new employer your tension of securing the employment will be overcome. After you get settled sufficiently, may be after completion of new probationary period, initiate a legal action to claim back the NP extracted by coercion and by unlawful means. Better you should consult an eminent advocate and proceed in a way what is best for you in the circumstances.
From India, Bangalore

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