Anonymous
Sir,
I have given resign on 30.06.2023 and serve the 3 months notice period. On 12.09.2023, HR dept mail me about my last working day is that 29.09.2023. then my senior did top up mail to HR dept and me for my pending works and to hold my exit. Can my employer have right to hold my relieving letter and full and final settlement.

From India, Chandigarh
Madhu.T.K
4193

Even after serving three long months of notice period, asking to remain or stay back is unfair.
From India, Kannur
Anonymous
#Madhu T K, Sir, Please give me solution. If my senior doesn’t listen even after talking.
From India, Chandigarh
Madhu.T.K
4193

There is no practical solution for this though there are legal solutions. But if you take the latter one, ie, legal solution, you may lose your career. Therefore, it is always good if you convince the reporting officer and get relieved. The HR Manager is only a glorified clerk always. He cannot take an independent decision unless he takes and uses his power. He should have the authority to say that "his" employee has completed the notice period of three months (which is again a long period as far as a small company of less than 100 employees is concerned) and it would be harmful if we don't relieve the employee who should have committed to join another organisation. He should have the courage to say that forcing an employee to remain in service after his normal notice period would send a wrong message about the company and its culture. Therefore, you should talk to the HR and while talking you can also highlight the responsibilities of the HR in creating an fair image in the minds of employees currently working and those who may join the company in future. If anybody publishes the attitude of the RO in social media, that will remain there and any person intending to join the company will take a back and rethink. If required, you can approach the higher officials to whom your RO reports.
From India, Kannur
KK!HR
1530

Very difficult situation you are in. On the one hand, you have completed the notice period on 29th Sept., on the other hand, your relieving is held up. The employer definitely has no legal right to hold your relieving and delay the full and final settlement beyond the notice period. Yet, if the employer chooses to act nasty, then the employee has very few effective options.
The query doesn't reveal your status in the organisation, presuming to be a workman as per ID Act 1947, you have the option to approach the Labour Officer of the local area and make a complaint in writing. Another method could be to threaten the official, HR department by exposing the organisation in social media, press, local chamber of commerce, etc., about their unhealthy practices.

From India, Mumbai
raghunath_bv
149

Hi,
Here are some general guidance. In situations like this, it's important to consult with a legal professional who is familiar with employment laws in your jurisdiction for accurate advice.

In most jurisdictions, employers are generally obligated to provide employees with their relieving letter and full and final settlement in a timely manner after their last working day. However, there could be exceptions or specific clauses in your employment contract that might affect this.

Here are some steps you can take:

Review Your Employment Contract: Look over your employment contract to see if there are any clauses regarding notice period, termination, or the issuance of relieving letters and settlements.

Communicate with HR and Management: Have a conversation with your HR department and possibly your immediate supervisor or manager. Ask for clarification on why they are holding back your relieving letter and settlement.

Document Everything: Keep records of all communications (emails, messages, etc.) related to this matter. This can serve as evidence in case you need to escalate the issue.

Consult a Legal Professional: If the issue persists and you believe your rights are being violated, consider seeking advice from a labor or employment lawyer. They can provide specific guidance based on the laws in your jurisdiction.

File a Complaint: If necessary, you may need to file a complaint with the appropriate labour authority or take legal action, depending on the laws in your are, it's crucial to consult with a legal professional who is familiar with the employment laws in your specific jurisdiction. They will be able to provide you with the most accurate and relevant advice based on your situation.
Thanks

From India, Bangalore
Hitesh Shakya
1

No Employer is entitled to deny or hold Experience Letter (Service Certificate in legal terms) of an Employee or former employee. If the employee demands such an experience certificate during or after the term of employment, the organization is BOUND to issue one. To cite the labour law, 2J(3) of Kerala Shops and Commercial Establishments Act, 1961 mandates that the employer shall issue the service certificate in Form BE, within seven days from the receipt of such a request from the employee (every state has its own S&CE Act, and they will have similar provisions).
From India, Bhopal
munish-dhammi
Sir, there is one more query here that i was branch head of bank branch. can i filled case in labour court against company.
From India, Chandigarh
Madhu.T.K
4193

No. Being a Manager having absolute functional responsibilities like approval, sanction, disciplinary action etc, you can't file a complaint against the organisation before the Labour Officers or in the labour court
From India, Kannur
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