Can a company take action if not serve notice period for resignation?
You are not bound to serve beyond the period laid down in the contract. Feel free to leave after 45 days. However, if you do not serve the notice period prescribed in the contract then the employer can sue you for damages on account of breach of contract and also to relieve you through full and final settlement.
What happens if you can’t serve your notice period?
Therefore before leaving the company, any employee has to work for that notice period. If he/she is unable to serve the notice period or works less than the mentioned period in the appointment letter, he/she will be liable to pay for the remaining days or period.
Can an employer deny a relieving and experience letter if the employee doesn’t serve his/her notice period?
It is not always possible for an employer or company to issue your relieving letter without serving the notice period. In some cases when an employer is in need to buy out the notice period and make it short in helping fewer days as before the company policy and norms.
Can a company refuse to give relieving letter?
At first, you can send him a legal notice to grant you the relieving letter. If he does not comply with it, you can proceed either legally or by explaining the issue to your new employer. The labour commission will acknowledge your complaint and send a notice to your employer to issue relieving letter.
What to do if company is not relieving me?
You can do the following.
- Talk to HR.
- Write a mail to your Manager or HR regarding the relieving letter and tell them you have completed all the exit formalities.
- If they don’t pay heed, mail them that you are going to take legal issue.
Can a company deny to give relieving/experience letter?
Company can deny for giving relieving/experience letter only when some employee’s performance was not upto the mark during his tenure in an organisation or S/he has done some misconduct, or not served notice period etc…otherwise company cannot deny…
Can an employee ask for relieving letter without serving notice period?
If an employee has signed an agreement at the time of joining, then he or she will have no other option but to serve the notice period to get the relieving letter. On the other hand, he or she can ask for the letter even without serving the notice period.
Can an experience letter be denied after notice period?
Legally and professionally experience letter should not be denied. If employee doesn’t service notice period then there is penalty for it – typically salary deducted equivalent to the shortfall of notice period. Eg. half month notice less served then half month salary deducted.
Can a company force an employee to serve a relieving letter?
No company has the right to deny employees the relieving letter or force them to serve a notice period. But, at the same time, it is important to note that different companies have different terms and conditions.