One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, an experienced automotive professional with over 9 years of industry experience, joined X.Motors Ltd in September 2023. Within two months of joining, he realized the work environment was unsuitable and decided to resign. However, X.Motors Ltd refused to accept his resignation and demanded he serve the full notice period of 90 days. When Mr.X left after serving 30 days notice, the company withheld his relieving letter and final settlement. This created significant problems for Mr.X during background verification processes with subsequent employers. The company claimed he abandoned his job without proper notice, while Mr.X argued that the working conditions were hostile and he had given reasonable notice.

Advice in Such Cases

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 to 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.

• Document all communications with the employer regarding resignation and notice period disputes
• File a complaint with the Labor Commissioner for wrongful withholding of dues and documents
• Approach the Employment Tribunal for resolution of the employment dispute

Applicable Sections of Law

• Section 318 of BNS (Bharatiya Nyaya Sanhita) – Cheating and dishonestly inducing delivery of property, applicable when employers wrongfully withhold salary or documents
• Section 351 of BNS – Criminal intimidation, if employer threatens adverse consequences for resignation
• Section 127 of BNSS (Bharatiya Nagarik Suraksha Sanhita) – Procedure for filing complaints in employment-related criminal matters
• The Industrial Disputes Act, 1947 and applicable state labor laws also govern employment termination procedures

If You Are the Complainant

• Gather all employment documents including offer letter, appointment letter, and resignation communication
• Maintain records of salary payments, provident fund contributions, and other employment benefits
• Document any hostile work environment or unreasonable demands that led to resignation
• File complaints with Labor Commissioner and Employment Tribunal simultaneously
• Seek interim relief for immediate release of documents required for new employment

If You Are the Victim

• Immediately send legal notice demanding release of relieving letter and final settlement
• File police complaint if employer is criminally intimidating or threatening your career prospects
• Approach higher authorities within the organization through formal grievance redressal mechanism
• Seek alternative employment while simultaneously pursuing legal remedies
• Consider mediation through labor authorities before approaching courts

How the Police Behave in Such Cases

Police typically treat employment disputes as civil matters unless there are clear criminal elements like criminal intimidation, cheating, or fraud. They may initially suggest approaching labor authorities or civil courts. However, if the employer is withholding documents to deliberately harm career prospects or using criminal intimidation, police will register complaints under relevant BNS sections. Documentation of threats and wrongful withholding of property strengthens the criminal case.

FAQs People Normally Have

• Can an employer refuse to give relieving letter? No, employers cannot withhold relieving letters beyond reasonable settlement procedures. This constitutes wrongful retention of employee property.
• Is notice period legally mandatory? Notice period is contractual, but courts consider reasonableness. Hostile work environment may justify shorter notice.
• What if background verification fails due to missing documents? You can provide legal notice served to previous employer and court case details to new employer as evidence.
• Can this affect future employment? While it may complicate background verification, proper legal documentation of dispute helps clarify the situation to prospective employers.

What Evidence Is Required?

• Original appointment letter and employment contract detailing notice period terms
• Resignation letter with proof of submission to employer
• Email communications regarding resignation acceptance and notice period disputes
• Salary slips and bank statements showing employment duration and payments
• Witness statements from colleagues regarding work environment or resignation process
• Documentation of any hostile work environment or unreasonable demands
• Records of attempts to obtain relieving letter and employer’s refusal

How Long Will the Investigation Take?

Labor Commissioner proceedings typically take 3-6 months for resolution. Employment Tribunal cases may extend 6-12 months depending on complexity. Police investigation, if criminal complaint is filed, usually completes within 60-90 days. Court cases for civil relief may take 1-2 years, but interim orders for document release can be obtained within 2-3 months through appropriate legal applications.

Advocate Sudhir Rao, Supreme Court of India