Regarding delay in giving relieving letter Regarding delay in giving relieving letter

10 months ago

Hi,
It is my pleasure to introduce myself as Krishan Goley, a former employee of PICL IND PVT Ltd (Amber Group).
Following my employment with PICL for 2 years and 7 months, I resigned on 01/03/2023 from the post of Mechanical Design Engineer.
On Aug 23, during the appraisal cycle, my notice period in PICL was changed from 1 month to 2 months, which I had been using since joining and confirming.According to our new company policy, my notice period is two months from now, but if I want I can pay my gross salary for the following month.In my resignation, I specified that I would be on a one-month notice period and will pay my gross salary in lieu of the second month. As soon as I handed the data over to my colleague who was assigned to Handover, HR initially said that was fine, but during my relieving time, they denied me a relieving letter & said that as soon as your 2 months are complete, we will provide you with a relieving letter since upper management has clearly instructed us to do so. Then I left PICL on 03/04/2023 on completion of 2 months from the day of resignation i.e on 01/05/23 I called & mailed for a reliving letter to HR but they said to wait for some time & after that, on 17/05/23 they send me a notice of Abscond & I replied of that letter over mail. Now they're not answering my emails, calls & msgs.

pls, guide me on what to do.

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

When you tender your resignation following the condition of your offer letter and existing policy to your employer, you are entitled to F & F Settlement dues from the Company along with relieving letter. But from the contents of your query if appears that instead of your resignation letter tendered on two different date i.e, on 01/03/23 and 01/05/23 leaving your job on 03/04/23, the company has treated the intervening period as absent without information and sent you a Show cause for absconding and despite your reply to said show cause they kept the matter in abeyance with ulterior motives to victimized you. Such an action on the part of Employer is highly arbitrary, illegal, and deemed to be unfair labour practice.

Reach out to the office of the concerned Labour Commissioner and file a complaint against the Employer over alleged victimization and unfair trade practice to resolve your grievance and failing which you may file a claim petition u/s.33C(2) of I D Act, 1947 to the concerned Labour Court claiming dues from the employer.
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