Hello. I had joined in a company in the month of February on 17th 2024. I had given complete details of my previous employment history in the form of documents and I had been given joining on the above said date. I had been credited with the salary of 11 days for the month of February. Later on 25th March 2024, the company asked me to handover the laptop and asked to leave the office immediately as they had found some discrepancy in the last company I worked. They have also not given my salary for the month of March for days I had worked. The previous company is a huge MNC and the new do have all my experience details related to the last company. Still, I did not understand the discrepancy and they forced me to leave the organization and warned me not to speak to any employee in any future. Now, I got selected in three other companies and all of them are asking me to provide the service letter from the said company as they have generated my PF against 11 days of salary. I had requested the company through mails and they are not ready to provide service letter and they are accusing me that I am reaching company and other employees which is unprofessional. The HR is claiming false accusations and not ready to provide any service letter for which I am facing problems in my career. Kindly please help me out in this and I do not know what I had to do now.
You issue a legal notice through a lawyer and demand the salary for those 11 days and also the service letter, you can mention that failing to comply wit the demands made within a time stipulated in the legal notice, you may have to resort to legal course of action as per procedures of law.
After that you can either approach labor court or a civil court with a suit seeking direction to the employer to provide the relief sought
Dear Client,
You can reach out to the HR department again, politely requesting clarification on the discrepancy they mentioned and explaining the importance of the service letter for your future employment opportunities. Review the company's policies and procedures regarding termination and employee rights. If they're violating any policies or laws, you can use this information to support your case. While dealing with this situation, continue your job search and focus on opportunities with companies that don't require the service letter or are more understanding of your circumstances.
Issue legal notice to company to furnish service letter
2) if they refuse take legal proceedings against the company to furnish you service letter
In private sector such problem often persists and I regret there is no efficacious remedy for this.
However, to expedite the things from your previous company you can send them a legal notice through an advocate so they under pressure may share you the necessary requirements.
Immediate send them a legal notice in the matter, and incase they do not budge, pursue a court case in Labor Court.
Complaint to the labour officer concerned
- As per law, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- You can send a legal notice to the last company for the issuance of the service letter/Relieving letter.
You can send them a legal notice for the same and if still not given can file complaint to labour commissioner office
