Stuck After Notice Period: How Can I Legally Get My Relieving Letter on Time?

Hi All, I am working for a software company and have not been paid for 6 months. I have resigned from my job. However, my employer is not ready to release me even after the notice period ends because there is no other resource to take care of this project. I have to join a new company the very next day after my notice period ends, i.e., on March 13th. My notice period ends on March 12th.

Legal Actions and Next Steps

Please let me know what legal actions I can take and how to proceed legally to obtain my relieving letter on March 12th itself.

Hi Prasad, I think your employer is trying to take advantage of you after getting work from you. I suggest that you talk to the HR department of the organization you have been offered a position with and explain the current situation at your organization. They should be able to help you. The HR department can't always ask for documents.

From your statement, it seems that you are following the terms and conditions prescribed in your appointment letter, i.e., serving proper notice. If you have received an acknowledgment copy of your resignation letter, you can discuss the same with your future employer and proceed accordingly.

Regards,
Preetam Deshpande

Please note that you must have one copy of the resignation letter duly acknowledged by the employer. Just issue a notice through any local advocate for not issuing the relieving letter, and include a damages clause (even though your intention is not to claim that). Show both copies to your new employer—I am sure they will accept this, and very soon, you will be in safe hands.

Regards,
Ramakant

If, after all the efforts, you do not get your relieving letter, file a complaint before the respective jurisdictional (depending on where your present employer's office is) Assistant Labour Commissioner at Karmikra Bhavan, Dairy Circle, Bannerghatta Road, Bangalore. This will work for sure irrespective of your status as a 'workman' or not. Do let me know in case you need any assistance; there will be no need for notice, etc. I will ensure they call your CEO directly.

Regards,

You may like to report this employer to the [Department of Labour, Govt. of Karnataka](http://labour.kar.nic.in/labour/default.asp).

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Is acceptance of a Resignation Letter over email valid?

If the resignation was accepted on 21st Jan 2016, but I was told to complete a three-month Notice Period which I couldn't due to differences or attitude developed between me and the employer, and the three-month period will be completed on 20th April 2016. Can this period be considered as the Notice Period?