If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra, a dedicated software developer at ‘TechGen Solutions Pvt. Ltd.’ in the city of Chandrapur, decided to resign from his position to pursue better opportunities. As per his employment agreement, he was required to serve a three-month notice period, which he did diligently. He completed all his assigned tasks and worked until the very last day specified in his resignation letter.

On his final day, he approached the Human Resources department for his relieving and experience letters. To his shock, the HR manager, Ms. Priya Sharma, informed him that his exit was not approved. The reason cited was the company’s inability to find a suitable replacement and complete the handover process. Ms. Sharma insisted that Rohan continue working until the ongoing project was completed, threatening to mark his employment record as ‘absconding’ if he failed to report to work from the next day. Despite Rohan’s explanation that he had fulfilled his contractual obligations, his official work access was revoked, and his emails requesting his documents went unanswered. He had evidence of working extra hours and on weekends to ensure a smooth transition, yet he was left in a lurch without the essential documents required for his next job.

Advice in such cases

Facing such a situation can be incredibly stressful and professionally damaging. An employer cannot legally force an employee to work beyond the notice period stipulated in the employment contract. Withholding essential documents like the relieving and experience letter is an unfair labour practice. Marking an employee as ‘absconding’ after they have served their full notice period is illegal and can be challenged. It is crucial to handle this matter systematically and legally to protect your rights and career.

Applicable Sections of Law

Such disputes are primarily governed by the terms of the employment contract, the Industrial Disputes Act, 1947, and the specific Shops and Establishment Act of the state where the company is located. Key legal principles involved are:

• Indian Contract Act, 1872: The employment agreement is a contract. Once the employee has fulfilled their obligations (serving the notice period), the employer must fulfill theirs (issuing relieving letters and settling dues). Failure to do so is a breach of contract.
• Specific Relief Act, 1963: While a court cannot compel an employee to work against their will, it can direct an employer to perform their contractual duty, such as issuing the necessary documents.
• State-specific Shops and Establishment Acts: These acts often contain provisions regarding the payment of wages, working hours, and termination of employment, which can be invoked.

If you are the complainant

• Maintain a Written Record: Ensure all communication with the employer regarding your resignation, notice period, and request for documents is in writing, preferably via email. This creates a clear evidence trail.
• Send a Formal Legal Notice: The first step is often to have a lawyer send a strongly worded legal notice to the company. This notice should detail your fulfillment of the notice period, demand the immediate issuance of your relieving and experience letters, payment of any pending dues, and a warning that legal action will be initiated if they fail to comply within a specified timeframe.
• File a Complaint with the Labour Commissioner: You can file a formal complaint with the office of the Labour Commissioner in your jurisdiction. They have the authority to mediate the dispute and direct the employer to comply with the law.
• Approach the Civil Court: You can file a civil suit for breach of contract, seeking a mandatory injunction to compel the employer to issue the documents and claim damages for any loss of opportunity or mental harassment caused.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Do Not Give In to Threats: Do not agree to extend your notice period under duress. Once you have served your contractual notice period, your obligation is complete.
• Gather All Your Documents: Collate all relevant documents, including your appointment letter, resignation email, any acknowledgment from the company, salary slips, and all email correspondence with HR and your manager.
• Inform Your New Employer: If this situation is delaying your joining a new company, it is wise to inform them about the issue. You can provide them with a copy of your resignation acceptance (if you have one) and the legal notice sent to your previous employer as proof of your exit.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is typically a civil or labour dispute, not a criminal one. Therefore, the police have a very limited role, if any. They will not register an FIR for non-issuance of a relieving letter. Police intervention would only be warranted if there are elements of criminal offenses like criminal intimidation (threats of physical harm), cheating, or forgery, which are not usually present in such employment disputes. You should not approach the police for this issue; the correct forums are the Labour Commissioner or the civil courts.

FAQs people normally have

What evidence is required?

To build a strong case, you will need the following evidence:

• Your appointment letter or employment contract detailing the notice period.
• Your resignation letter (email or physical copy) with proof of submission.
• Any acknowledgment of your resignation from the employer.
• Proof of having served the full notice period (e.g., attendance records, salary slips for the notice period, emails exchanged during this time).
• All written communication with HR or management regarding your exit, handover, and requests for documents.
• A copy of the legal notice sent to the employer and its postal receipt.

How long will the investigation take?

The timeline can vary significantly based on the approach you take:

• Legal Notice: Often, a well-drafted legal notice can resolve the issue within 15 to 30 days, as most companies prefer to avoid litigation.
• Labour Court: Proceedings before the Labour Commissioner or Labour Court can take anywhere from a few months to over a year, depending on the complexity and the caseload of the authority.
• Civil Court: A civil suit is generally the most time-consuming process and can take several years to reach a final decision, though interim relief may be possible.

Advocate Sudhir Rao, Supreme Court of India