Stuck After Serving Notice? Can You Take Legal Action for a Withheld Release Letter?

Hi All, I am working in a company in Kolkata, and as per the appointment letter, I am required to serve a 3-month notice period. My question is, if the employer does not issue me my release letter after I have served the 3-month notice, can I take any legal action? Secondly, can the employer withhold my release letter? A prompt response will be highly appreciated.

Regards, SM

Employer's Obligation to Provide Relieving Letter

No employer has the right to hold your relieving or experience letter. You can always check with your HR on the last day of work, and it's their duty to give you the letter. So, tell them a day before and get it from them.

I assume the Industrial Employment (Standing Orders) Act is applicable to you and your employer as well. In such a case, the employer is bound to issue a service certificate because of a specific provision in the Model Standing Orders. In the state of Maharashtra, the Model Standing Order No. 30 for workers and No. 28 for supervisors make it binding for an employer to issue a service certificate if it is requested by an employee. The relevant clauses are attached below. You will find similar provisions in the Model Standing Orders for the state where you were employed.

So, you should first apply for a Service Certificate from your employer and also for a salary certificate. If it is not issued within a reasonable period, you have the right to file a complaint with the Assistant Labour Commissioner of the District where you were employed. You can show the relevant provisions to the Commissioner, and he will assist you in resolving the issue.

Kind regards

Handling Company Assets During Notice Period

What if the employee does not hand over the company assets and other documents during the notice period itself?

Pon

As long as you have given the 3 months' notice period, it is up to the company to take further action. Did you get the signature on the copy of the letter submitted? Don't jump to conclusions and go legal. Contact HR or the Personnel department and ask them whether they are taking action on the letter. If two months have elapsed, then send a reminder requesting them to relieve you on the mentioned date. Also, ask them to issue a certificate of experience and the relieving letter, as well as settle the account. Normally, any company will follow this practice. If not, then you may consider further action.

You have posed a question on a hypothetical basis. The following information is required to answer your question:

1. Do you have an acknowledgment of the submission of your resignation to the company?
2. Have you handed over the charge of work entrusted to you to a person authorized by the company?
3. Are you anticipating that you will not be relieved? If yes, please specify the reason.
4. Have you approached your HR department and verified the relieving letter?
5. Under which category do you fall, which will decide your coverage under the Industrial Employment Act?

Kindly provide all the needed information to guide you correctly.

Regards,
Ravindra Watve