Legal Step If Employer Did Not Relive After Serving Notice Period

Hi Experts,

Could anyone help me? I resigned from my company three months ago and served a three-month notice period. However, my employer has not provided me with either an acceptance or a relieving letter. It has been three weeks since I left. I have reached out to them multiple times through email and even in person, but I have not received any response.

Could somebody guide me on the steps to take legal action against my employer? Please help.

Regards,
Kumar

Resort to authorities under the Shops and Establishment Act. You are deemed to be relieved after the notice period. You cannot be a bonded labor.

Since it is the duty of the inspector under the Shops and Establishment Act to ensure that an employee receives their relieving and dues, ask for a copy of the relieving order from the inspector. This is because he is a public authority under the Right to Information Act, 2005, as this information falls within his purview.

Please mention which provisions are applicable to your company, i.e., Factory Act or Shop & Establishment Act, and also under what capacity you are/were working there and for how long.

Thank you, expert, for your replies. I was working with an IT company in Bangalore. As per my knowledge, this comes under the Shop & Establishment Act. In this case, can I approach the labor court or the labor commissioner.

Regards,
Kumar

Hi Gopal,

I was working with this company for more than 5 years.

Regards,
Kumar