How to Get a Relieving Letter When Your Employer Hasn't Paid You?

Hello,

I was working with a web development company. The company closed at the end of November, and they didn't pay me the September, October, and November salaries. There was always a salary issue in the company. Now, I want a relieving letter from the employer, but he told me to first sign a no-dues form, then he will give me the relieving letter.

Please suggest what I should do. They are not paying and not even providing a relieving letter.

Dear Anuj, kindly do not panic or get disheartened because this is not the end of your career. Situations like this happen and can make a person stronger and more mature. There are employers who understand these issues and value a person's experience.

Addressing the Issue

As you mentioned, I believe it's a small-sized company. If you want your salary and documents, you have to be strong and fight for your rights. Write a letter or email to the management stating that the company has closed and your three-month salary is due. Kindly request that all your dues, including the relieving and service certificate, be paid at the earliest. If they don't respond within a week, send another reminder email or letter. If there is still no response, consult a lawyer and send a legal notice to them. You can also reach out to your District Labour Officer.

Hope all your issues will be resolved.

Regards

Relieving Letter Concerns After Company Closure

As you mentioned, the company closed at the end of November, so with the physical existence of the company no longer there, you shouldn't worry about obtaining a relieving letter. Your new employer won't be able to verify your details with your former employer.

If, however, your ex-employer refuses to provide a relieving letter, a resignation acceptance letter could suffice as a relieving document for your new employer if it is counter-signed by HR/management. Yet, if the resignation acceptance letter states that "your resignation will be deemed accepted subject to clearance from concerned departments," then clearance from all departments or a relieving letter would be necessary.

I am puzzled about one thing: if the company has closed, whom did you approach for your salary and relieving letter? Was it the owner/director of the company?

In the case of a proprietorship firm, you may need to forgo the salary, but if it is a partnership firm or a private limited company and you have documentation such as attendance records of the months you worked there and an appointment letter, you might consider sending a legal notice to the partners/directors' address demanding your salary.

If you need further assistance, please let me know.

Regards

Is there even a chance that you will get your money?
The company has closed. Any attempt at legal action is a further waste of time and money. So you may as well give him the no dues letter and get your relieving letter that is crucial to you.