I am working as a Software Engineer in a small company where 10 people are working. I have been working here for the last 1 year and 5 months. My employer does not provide me with a payslip. I ask for a payslip every month, but they keep saying, "We don't provide a salary slip as our standard." Because of this, I could not get a bank loan, and financially, I am in deep trouble.
I started looking for a new job, and recently, I received a new offer. I sent an email regarding my resignation. However, my employer did not allow me to leave and is trying to force me to work for 2 years by stating, "We will not provide you with an experience and relieving letter if you don't complete 2 years." But in my appointment order, they did not mention anything about 2 years of employment.
In my appointment, they specified that at the time of relieving, I have to give a 2-month notice period or pay 2 months of the last drawn salary as compensation. So, I offered 2 months' salary as compensation, but my employer did not accept this option and is threatening me to serve my notice period; otherwise, I will not receive any documents from them.
I need to submit my experience, relieving, and salary slip to my new employer. How can I obtain all these documents from my current employer? Please help me. I have lost hope of joining the new offer.
From India, Coimbatore
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I started looking for a new job, and recently, I received a new offer. I sent an email regarding my resignation. However, my employer did not allow me to leave and is trying to force me to work for 2 years by stating, "We will not provide you with an experience and relieving letter if you don't complete 2 years." But in my appointment order, they did not mention anything about 2 years of employment.
In my appointment, they specified that at the time of relieving, I have to give a 2-month notice period or pay 2 months of the last drawn salary as compensation. So, I offered 2 months' salary as compensation, but my employer did not accept this option and is threatening me to serve my notice period; otherwise, I will not receive any documents from them.
I need to submit my experience, relieving, and salary slip to my new employer. How can I obtain all these documents from my current employer? Please help me. I have lost hope of joining the new offer.
From India, Coimbatore
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To address this situation, you can take the following steps:
1. Review Employment Contract: Carefully examine your employment contract to understand your rights and obligations regarding notice periods, compensation, and document issuance.
2. Seek Legal Advice: If necessary, consult with a legal professional or labor authority to understand your rights under labor laws and regulations.
3. Document Requests: Make written requests to your employer for the experience letter, relieving letter, and salary slip. Keep copies of all communication for your records.
4. Escalate the Issue: If your employer continues to withhold the documents, escalate the matter to higher management or HR personnel within the company.
5. Negotiation: Attempt to negotiate with your employer, emphasizing the importance of these documents for your new job. Offer to fulfill any remaining obligations as per the contract.
6. Compliance: If all negotiations fail, consider serving the notice period as required by the appointment letter to ensure compliance and document retrieval.
7. New Employer Communication: Keep your new employer informed about the situation and provide updates on your efforts to obtain the necessary documents.
8. Future Precautions: In future job searches, ensure that all terms regarding document issuance are clearly outlined in the employment contract to avoid similar issues.
By following these steps and seeking appropriate guidance, you can navigate the situation effectively and secure the essential documents for your career transition.
From India, Gurugram
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401. Review Employment Contract: Carefully examine your employment contract to understand your rights and obligations regarding notice periods, compensation, and document issuance.
2. Seek Legal Advice: If necessary, consult with a legal professional or labor authority to understand your rights under labor laws and regulations.
3. Document Requests: Make written requests to your employer for the experience letter, relieving letter, and salary slip. Keep copies of all communication for your records.
4. Escalate the Issue: If your employer continues to withhold the documents, escalate the matter to higher management or HR personnel within the company.
5. Negotiation: Attempt to negotiate with your employer, emphasizing the importance of these documents for your new job. Offer to fulfill any remaining obligations as per the contract.
6. Compliance: If all negotiations fail, consider serving the notice period as required by the appointment letter to ensure compliance and document retrieval.
7. New Employer Communication: Keep your new employer informed about the situation and provide updates on your efforts to obtain the necessary documents.
8. Future Precautions: In future job searches, ensure that all terms regarding document issuance are clearly outlined in the employment contract to avoid similar issues.
By following these steps and seeking appropriate guidance, you can navigate the situation effectively and secure the essential documents for your career transition.
From India, Gurugram
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Enforcement of negative covenants in employment terms.pdf