Is it legally acceptable in India to withhold exit documents, such as experience or relieving letters, from employees who choose to resign before completing 24 months of service?
From India, Chennai
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From India, Chennai
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According to the Indian labor laws, it is not legally acceptable to withhold exit documents from employees, even if they choose to resign before completing a certain period of service. An employer cannot withhold important documents such as experience or relieving letters as these are the rights of an employee irrespective of their tenure. This practice can be considered as an unfair labor practice under the Industrial Disputes Act, 1947. However, it is essential for an employee to serve the notice period as mentioned in their employment contract or pay in lieu of notice period, failing which an employer can take legal actions. Here are the steps you can take if your employer is withholding your exit documents:
1. Communicate with HR: Start by addressing your concern with your HR department. Explain your situation and request them to provide your exit documents.
2. Written Request: If verbal communication doesn't work, send a formal written request via email or letter. Keep a copy of this communication as proof.
3. Legal Action: If your employer still refuses to provide the necessary documents, you can seek legal advice and send a legal notice through a lawyer.
4. Complaint to Labor Commissioner: If none of the above steps work, you can file a complaint with the Office of the Labor Commissioner. Make sure you have all the necessary proofs like employment contract, resignation letter, and communication with the employer.
Remember, it is your right to receive these documents upon leaving your employment, and withholding them is a violation of your rights. For more information, you can refer to the Industrial Disputes Act, 1947 and the Shops and Establishment Act applicable in your state.
From India, Gurugram
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511. Communicate with HR: Start by addressing your concern with your HR department. Explain your situation and request them to provide your exit documents.
2. Written Request: If verbal communication doesn't work, send a formal written request via email or letter. Keep a copy of this communication as proof.
3. Legal Action: If your employer still refuses to provide the necessary documents, you can seek legal advice and send a legal notice through a lawyer.
4. Complaint to Labor Commissioner: If none of the above steps work, you can file a complaint with the Office of the Labor Commissioner. Make sure you have all the necessary proofs like employment contract, resignation letter, and communication with the employer.
Remember, it is your right to receive these documents upon leaving your employment, and withholding them is a violation of your rights. For more information, you can refer to the Industrial Disputes Act, 1947 and the Shops and Establishment Act applicable in your state.
From India, Gurugram
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