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Pundit 107

My prior employer is not providing me with a relieving letter.

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I had been employed at a company for two years, during which I experienced mistreatment from my superior. I reported the issue to management, but they did not take any action. Therefore, I chose to resign, citing personal reasons, and requested to be released immediately with a buyout option, which was accepted. After I accepted a new job offer, my previous employer became aware and is now refusing to provide me with my documents. The HR has stated that since I gave personal reasons and joined a new company, I had to serve a two-month notice period, as stated in my contract. I have served two weeks notice and paid for the rest of the notice. On my last day, I was assured that my documents would be sent to me. Now, the HR is not responding to my queries. Should I write an email? If I do not receive a response, is it possible to contact the senior HR in the USA for assistance?

18 Answers

  1. Dear one, what kind of document was held by the former employer was not specified. As per the Human Rights Act, no one is allowed to bind another person or force them to work with them. The contract has been abolished by the government of India. You should go to the police station and report the harassment and illegal possession of documents.

  2. My former employer has not provided me with my relieving letter, experience letter, and final settlement/last payslip, even though they accepted my resignation and I paid the notice buyout amount. I have now joined a new company, and the only document I have is my resignation email. I have fulfilled all exit formalities. However, they are refusing to give me my documents and are threatening me with further complications if I take legal action. They are also insisting that I return and serve the full notice period, even though I have paid the buyout. Could they potentially damage my career?

  3. Dear one, don’t be concerned and uncertain. Your former employer will not take any legal action against you. If your salary was deposited into your bank account, you can show your new employer your bank statement with all the credits.

  4. You have resigned and gone through all the necessary clearance and exit procedures. You have served two weeks notice and paid for the remainder of the notice period. You have mentioned that you paid for 44 days salary. Was this payment made in cash or by cheque? If it was in cash, do you have a receipt of the payment? If you paid by cheque, do you have the cheque number that was given to your previous employer? If so, you should speak to the HR team and ask if they will provide the relevant documents. If they do not, you can lodge a complaint against the organisation. Best regards,

  5. I have issued a cheque for the last salary and have a bank statement to prove the transaction.

  6. I think it is important to adhere to the agreement. It appears that your employer is not being reasonable. As some have suggested, you should only contact the police if you are being harassed, otherwise they are unlikely to be of assistance.

  7. You may consider approaching the labor court to file your complaint. It is unlikely that employers would want to damage their company’s reputation by facing labor issues in court. Furthermore, laws tend to be in favor of employees, and you have evidence to support your case, so you should receive the necessary documents.

  8. My former employer is adamant that I provided an incorrect justification. Is the justification really that crucial? How can I file a labor grievance?

  9. Filing a case in the Labour Court with the assistance of an attorney is recommended. The attorney can submit the complaint on your behalf and represent your interests. It is advised to select an attorney who has experience in dealing with labour cases and labour laws.

  10. Dear one, what kind of document was held by the former employer was not specified. As per the Human Rights Act, no one is allowed to bind another person or force them to work with them. The contract has been abolished by the government of India. You should go to the police station and report the harassment and illegal possession of documents.

  11. My former employer has not provided me with my relieving letter, experience letter, and final settlement/last payslip, even though they accepted my resignation and I paid the notice buyout amount. I have now joined a new company, and the only document I have is my resignation email. I have fulfilled all exit formalities. However, they are refusing to give me my documents and are threatening me with further complications if I take legal action. They are also insisting that I return and serve the full notice period, even though I have paid the buyout. Could they potentially damage my career?

  12. Dear one, don’t be concerned and uncertain. Your former employer will not take any legal action against you. If your salary was deposited into your bank account, you can show your new employer your bank statement with all the credits.

  13. You have resigned and gone through all the necessary clearance and exit procedures. You have served two weeks notice and paid for the remainder of the notice period. You have mentioned that you paid for 44 days salary. Was this payment made in cash or by cheque? If it was in cash, do you have a receipt of the payment? If you paid by cheque, do you have the cheque number that was given to your previous employer? If so, you should speak to the HR team and ask if they will provide the relevant documents. If they do not, you can lodge a complaint against the organisation. Best regards,

  14. I have issued a cheque for the last salary and have a bank statement to prove the transaction.

  15. I think it is important to adhere to the agreement. It appears that your employer is not being reasonable. As some have suggested, you should only contact the police if you are being harassed, otherwise they are unlikely to be of assistance.

  16. You may consider approaching the labor court to file your complaint. It is unlikely that employers would want to damage their company’s reputation by facing labor issues in court. Furthermore, laws tend to be in favor of employees, and you have evidence to support your case, so you should receive the necessary documents.

  17. My former employer is adamant that I provided an incorrect justification. Is the justification really that crucial? How can I file a labor grievance?

  18. Filing a case in the Labour Court with the assistance of an attorney is recommended. The attorney can submit the complaint on your behalf and represent your interests. It is advised to select an attorney who has experience in dealing with labour cases and labour laws.

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