I work for a small-scale IT company as a System Analyst in Coimbatore owned by a single entity. I recently announced my resignation, but the employer is not accepting it and is asking me to complete a task. He said that only if I finish my work, he will let me leave; otherwise, he will not allow me to leave, will not provide an experience letter or relieving letter, and will hold my PF.
Legal Obligations Before Leaving a Company
Is it legally valid that I must complete the task before leaving the company? The work he wants me to complete would typically take a minimum of 5-6 months, but he wants me to finish it before I can leave since there are no other employees here.
Consequences of Leaving Without Notice
Should I leave without completing the task and join a new office? Would it be considered an offense if I leave without any notice?
From India, Chennai
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Legal Obligations Before Leaving a Company
Is it legally valid that I must complete the task before leaving the company? The work he wants me to complete would typically take a minimum of 5-6 months, but he wants me to finish it before I can leave since there are no other employees here.
Consequences of Leaving Without Notice
Should I leave without completing the task and join a new office? Would it be considered an offense if I leave without any notice?
From India, Chennai
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Hi, I think you work for a proprietorship company. Please clarify whether you have been issued any employment order (appointment order). If so, please check for the separation clause (notice period) — whether it is one month or more. If the notice period is mentioned, you can represent to your employer by quoting your employment terms. The employer cannot hold PF. You can claim through the UAN portal login using your UAN number.
If you can spare 5-6 months and if the employer pays you properly, try to finish the work and then get relieved. However, document your resignation and obtain a resignation acceptance letter from your employer. In the absence of an appointment letter, if you leave your employment without any information, there may not be any major legality issues. However, always try for a proper relieving. Moreover, without a relieving letter and experience certificate, you cannot prove your experience with your previous employer.
From India, Madras
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1015If you can spare 5-6 months and if the employer pays you properly, try to finish the work and then get relieved. However, document your resignation and obtain a resignation acceptance letter from your employer. In the absence of an appointment letter, if you leave your employment without any information, there may not be any major legality issues. However, always try for a proper relieving. Moreover, without a relieving letter and experience certificate, you cannot prove your experience with your previous employer.
From India, Madras
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Legal Compliance Plan.xls