Stuck Without a Relieving Letter: Can I Take Legal Action Against My Former Employer?

Hash123
I worked for a product company in Gurgaon for around 2 years. I resigned from the job and served a 2-month notice. After 1.5 months into my notice period, the company offered me a promotion and a salary hike. However, I did not accept the offer in writing. I took a few days to consider and ultimately rejected the offer on almost my last day of notice. The HR informed me that I couldn't leave until they found a replacement but did not provide a tentative relieving date. After completing my notice period, I informed HR that I would not be coming to the office anymore as I had to join my new company.

I have my resignation email as well as the email I sent on the last day. However, the HR is now withholding my relieving letter, FnF, and ESOPs that were vested during my employment. Can I take any legal action against my employer?
Labour Law Index
Yes, you can. Under the Shop and Establishment Act, you can take action. Contact your local Labor Inspector and lodge a complaint. Also, if wages are less than 18,000, a case under the Payment of Wages Act can also be made. Additionally, a civil suit under the Indian Contract Act can also be lodged.

Appreciate If Helpful
sridharan venkataraman
I am writing to inform you of my decision regarding my current employment situation. I would like to outline the details in chronological order and express that, regrettably, I will not be able to fulfill my duties beyond the stipulated notice period. Therefore, I kindly request that you issue a relieving order in accordance with the terms of my employment contract.

I will be sending this letter to you via Registered Post with Acknowledgement Due to ensure proper documentation of our communication. I anticipate your written response to this matter. In the event of any failure on the part of the management to address this issue, I may have to consider legal action.

It is important to note that the letter I have submitted to you will serve as a valid record to demonstrate to any prospective employers that I am making this transition in a professional manner. I believe this will reflect positively on me and my future endeavors.

Thank you for your attention to this matter. I appreciate your understanding and cooperation in this process.

Warm regards,
[Your Name]
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute