TCS HR not providing Relieving/Experience letter even after serving 30 Days Notice Period TCS HR not providing Relieving/Experience letter even after serving 30 Days Notice Period

1 year ago

My official notice period was of 90 Days. I left the company by serving a 30 Days notice. I tried to negotiate the notice period with the HR and the Manager but no was was ready to negotiate. On the 30th Days of my notice period I sent an email again stated that this would be my last working day and it was not possible for me to continue further. Now the HR has marked my case as SAWA (Stop Attending Without Authorization) and now they are not ready to provide me my relieving/experience letter. Its has been more than 80 Days me trying to request them for it.

As per my offer letter the Terms stated as below:

Notice Period:
During the first 3 Months of employment with TEIL, you may terminate this contract of employment
by giving 30 calendar days’ notice to the Management.

In case your performance, behaviour and / or conduct during the probation period is found
unsatisfactory/incompatible, TCSL reserves the right to terminate your employment without any notice
or notice pay in lieu of notice.

On completion of 3 Months, this contract of employment is terminable by you by giving 90 calendar
days’ notice in writing to TEIL. It is clearly understood, agreed and made abundantly clear that you
shall have to necessarily work during the period of notice of 90 days given by you under this clause.
However, upon your serving the notice under this clause, TEIL may relieve you any time during the
period of notice at its sole discretion.

On completion of 3 Months, this contract of employment may be terminated by TEIL by giving you
90 calendar days’ notice or payment in lieu thereof.

Notwithstanding the above, this contract of employment may be terminated by the company without
any notice or notice pay, in the event your performance / behaviour and/or conduct during the period of probation is found to be unsatisfactory / incompatible.

Your failure to comply with this clause will entail monetary payment of damages to TEIL as may be
determined by it at its own discretion having regard to the responsibilities shouldered by you while
being in the employment of TEIL

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 year ago

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A.Dear Client, the terms and conditions of your employment as stated in your query is clear and complete in nature, Thus, breach of the said terms of employment on your part make you disqualify/disentitled from any privileges of the Company. Even, litigation on the subject may not yeild any favourable result in the matter bereft of any merit.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Hello,
You can request your employer to immediately issue the relieving letter. If he does not obliges, send him a legal notice demanding that he immediately issue the relieving letter along with salary slips. If he doesn't comply, initiate suit against company.
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Vidhi Samaadhaan Vidhi Samaadhaan

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