aniket-mahindrakarHi, I have left my current organization and joined a new organization. I have survived 45 days of notice period but the notice period is 90 days which is mentioned in the appointment letter. I had not been acknowledged same in the appointment letter then Am I eligible to get a relieving letter? The employer is not giving the relieving letter. I accepted the terms & conditions with 2 yrs commitment over mail only. I had been there for 20 months only. Is there any legal action?
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I have left current organization and joined new organization. I have survived 45days of notice period but notice period is 90days which is mentioned in appointment letter. I had not been acknowledged same in appointment letter then Am I eligible to get reliving letter? Employer is not giving relieving letter. I had accepted terms & conditions with 2 yrs commitment over mail only. I had there for 20 months only. Is there any legal action ?
Dinesh DivekarDear Aniket,
No law binds the employer to issue the appointment letter. If your appointment letter mentioned 90-day notice period, then you should have served it properly and then left the company.
Appointment letter is a "contract" under the provisions of Indian Contract Act, 1872 and fulfilment of the terms and conditions of the contract is obligatory on both the sides. By abandoning the employment, you have breached the contract.
Your question was on legal action by the employer. What legal action employer takes that 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 two years or for not serving the notice period, the employer may raise the damage claim. Whether he does so that cannon be estimated.
From India, Bangalore
If in your appointment letter mentioned 90 day notice period, then you have to serve it properly as mentioned or you can pay remaining NP Recovery amount and then you can left the company. Regarding same you can discuss with concern HR.
Further...if you have not signed any employment bond with the Company then it cannot initiate any action. Even otherwise they cannot take any action under Section 27 of Indian Contract Act. It is better to close the matter by depositing NP recovery amount.
KK!HRAcceptance of the offer given by mail renders it binding, there can be even 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 relieving order and 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. Then only there is a justified claim for them. Talk to HR and make your proposal.
From India, Mumbai
amolnakveGetting a Experience Letter is 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 contract between two parties i.e. employer and employee. This contract always been balancing act in order to execute e.g. both parties shall fulfill all the terms and ondition. Say for example notice period is of 90 day for both parties or salary in lieu(standard case of appointment letter). In your case both parties has to serve the notice period of 90 days. You have worked there for 20 months and drawn the salary and worked as per requirement. Just by merely not signing the appointment letter and having worked with them for 20 month, doesn't fit to mean that you have not accepted the terms and conditions. In term of contract it's been fully executed. There is clearly an acknowledgment from your side in terms of deposition of salary in your account.
In your case it's 45 days, rest notice period amount due for remaining days, you have settle in full and final settlement and handover the requisite things in your possessions. Then on only you are entitled for your professional right of experience letter. If the employer is not willing to issue an experience letter, you can initiate a legal action for fulfilling the term of your association with them. Last but not the least, always have clear understanding of association, organization also has their commitment towards their stakeholders. Let's have conducts in professional ways.
Hope this is useful.
From India, Mumbai