Denied a Service Letter After Resignation: How Can I Challenge My Employer's Decision?

I've been working for a startup for the past year, and I resigned from it last month. I served the notice period, and after my last day of duty, all of my accounts were disabled. I tried contacting my manager. Initially, I was told that it would take a few days to provide a relieving/service letter, but later I was straight up denied, citing that my performance was not satisfactory and that I'm not eligible for any proof of employment. During my tenure, I received a 20% salary hike within one year, so I don't believe the performance issue holds up well. What could be the remedy?

Private Employment and Resignation

As for private employment, there is no remedy for your question. Though you were a performer during your employment, once you have resigned, you do not have any stake in your employment. It is advisable to submit a copy of your resignation letter to your future employer, and any proof of PF membership may be required. In private employment, you need to accept the whims and fancies of your employer.

Dear Naman, it is very unfortunate that your employer is denying to issue an experience and relieving letter. The denial of your employer on the grounds of performance is unjust and illegal. The employer is legally bound to issue the relieving and experience letter for your employment with them.

You are left with the option to send a lawyer's notice to the employer (MD/CEO) to issue the relieving letter and the experience letter within a week. Failing to do so, you can sue the company to obtain both the documents and compensation for harassment by a court order. You should fight for your own rights.

Dear Naman Singh,

I recommend that you write a request letter to the MD of your company. You may state that due to underperformance, your services have been terminated. "Termination" is the most severe form of punishment. Furthermore, if the service-cum-employment letter is not issued, it will constitute a secondary punishment. This secondary punishment would be more severe than the initial one, as the absence of the certificate could negate your tenure in the company.

According to Indian jurisprudence, only one punishment can be imposed for one offense or misconduct. Given this, kindly request the MD to uphold the principles of jurisprudence.

Let us observe the outcome following the submission of your application. If the MD remains unyielding, I can offer you further guidance.

In the meantime, please furnish us with details regarding your employment. Kindly confirm the industry in which you work, your job title, and the number of subordinates who reported to you during your tenure at the company.

Thank you,

Dinesh Divekar

Dear Sir,

I've been working for a life insurance company for the past five years, and I resigned from it last month. At the time, the notice period was completed within three days before I received an email from AFT (Anti-fraud and Vigilance) regarding clarifications on a few withdrawn or cancelled login policies, as per their request. I provided the clarifications, and later they sent a second email regarding the bank account in my name, to which I also provided my bank account details. Subsequently, they asked for three years of bank statements. Within two days, my notice period was completed. Suddenly, they came and withheld my resignation and extended my notice period. I have an offer from another company, and I am supposed to join on April 6th. If I accept the extension, I will lose my new job in the other company. Please suggest a better way for me to obtain my relieving letter.

Thank you.