JvermaHello, My Sister's employer is not providing the exit papers (experience letter and relieving letter) and asking to sign a legal document forcing to work in parallel with other organization where she has newly joined. She worked with them for a few years and they were mentally harassing her - overtime, less pay, taking advantage of COVID scenario, and so on. She has served the entire notice period and whatever they have asked to complete from project responsibilities to everything. The new employer took her on a new job with a condition for submitting the paper as soon as possible.
She does not want to have any working relations with this previous employer and because she was good at work, they were not letting her switch the job in past and now asking to sign a legal document forcing her to work with them otherwise they will not release the exit papers? Can you please help how to tackle this? Its been almost 2 months requesting them for the papers. What legal actions I can take?
From India, Indore
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Legal And Compliance Consultant
loginmiraclelogisticsI think your sister is not in 'workwoman' category. Has her resignation been accepted, she obtained any acknowledgement having submitted the resignation letter? If she can prove the submission of resignation letter and since then she completed the required notice period there is bright chance of obtaining exit papers. Issue final request letter (obtain acknowledgment) to the concerned both by eMail & letter giving only 7 days time for them to respond. If still they are not giving the papers you should consult an advocate arrange legal notice of only 15 days. You need not stop working till you get the papers. Dont forget to surrender co's properties and obtain no due certificate also after handing over.
From India, Bangalore
sunielmudgil1. your daughter can serve him a legal notice through a lawyer to release the necessary documents along with any outstanding dues, if any, along with the interest,
2. if payment is not made despite service of the legal notice, she can file a case under the relevant provision/law.
3. she can also make a claim for a compensation on account of mental harassment, pain, agony, etc