I joined my company a year ago, and now I am leaving. I provided a one-week notice period, but the company is insisting on a one-month notice period. They have not issued me a relieving letter. When I joined, no contract was signed, and typically, individuals give a one-week notice period in this company. Can the company refuse to provide a relieving letter and work certificate?
From India, New Delhi
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From India, New Delhi
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In India, the issuance of a relieving letter and work certificate is a legal entitlement for an employee upon termination of employment. Here's what you can do in this situation:
📉 Verify Company Policies: Firstly, check if there are any specific policies mentioned regarding notice periods in the company handbook or any other official communication.
📉 Consult Labor Laws: According to the Indian labor laws, if there was no contract signed specifying a notice period, generally, the statutory minimum notice period is 30 days. However, this may vary based on industry norms and company policies.
📉 Negotiation: Try to negotiate with your employer regarding the notice period and the issuance of the relieving letter. Express your willingness to comply with their requirements while emphasizing the need for the relieving letter promptly.
📉 Seek Legal Assistance: If the company continues to deny the relieving letter unlawfully, you may seek legal advice or assistance from labor authorities to enforce your rights.
📉 Document Everything: Keep a record of all communication with the company regarding the notice period and the relieving letter. This documentation can serve as evidence if legal action is required.
📉 Formal Request: Submit a formal written request to the HR department or management outlining your position, the lack of a signed contract, and your request for the relieving letter as per your understanding of the company's norms.
📉 Escalation: If all attempts to resolve the issue internally fail, consider escalating the matter to higher management or legal authorities for resolution.
Remember, the relieving letter and work certificate are crucial documents for your future employment opportunities, so it is essential to pursue this matter diligently and within the legal framework.
From India, Gurugram
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54📉 Verify Company Policies: Firstly, check if there are any specific policies mentioned regarding notice periods in the company handbook or any other official communication.
📉 Consult Labor Laws: According to the Indian labor laws, if there was no contract signed specifying a notice period, generally, the statutory minimum notice period is 30 days. However, this may vary based on industry norms and company policies.
📉 Negotiation: Try to negotiate with your employer regarding the notice period and the issuance of the relieving letter. Express your willingness to comply with their requirements while emphasizing the need for the relieving letter promptly.
📉 Seek Legal Assistance: If the company continues to deny the relieving letter unlawfully, you may seek legal advice or assistance from labor authorities to enforce your rights.
📉 Document Everything: Keep a record of all communication with the company regarding the notice period and the relieving letter. This documentation can serve as evidence if legal action is required.
📉 Formal Request: Submit a formal written request to the HR department or management outlining your position, the lack of a signed contract, and your request for the relieving letter as per your understanding of the company's norms.
📉 Escalation: If all attempts to resolve the issue internally fail, consider escalating the matter to higher management or legal authorities for resolution.
Remember, the relieving letter and work certificate are crucial documents for your future employment opportunities, so it is essential to pursue this matter diligently and within the legal framework.
From India, Gurugram
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Notice Period Extension Letter Format.doc