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Legal service India => Employment laws => Topic started by: alokyadav on January 05, 2015, 04:42:33 AM

Title: Company not giving release letter can i sue them
Post by: alokyadav on January 05, 2015, 04:42:33 AM
 I was working with a software company from June 2011.

My appointment letter specifies a two month notice period.

one of the colleague from my department was suspected of selling out our software codes,

as the head of the department, I was asked to leave immediately citing a breach of contract.

I have not been given any release letter. Whenever I ask for it, I am asked to go for a discussion. How can I get my release letter? Can I sue for defamation or whatever?
Title: If you can prove the allegations than you should sue
Post by: advbose on January 05, 2015, 04:45:39 AM
Since the appointment letter is a standard form of contract between your employer and you, the clauses have to be adhered to by both parties, failing which, each party may sue the other for breach of contract. Issuing a release letter is not mandatory since there is no codified law in India on this.

You could send a letter to your employer as a reminder. You may also, alongside, go for the discussion to see what the employer has to say.

As for suing your employer, you may file a defamation suit before the civil court seeking compensation and also file a criminal case seeking his or her imprisonment under the Indian Penal Code.

However, you have to prove that the allegations made against you were false, mala fide and caused injury to your reputation and prestige in society.
Title: Re: Company not giving release letter can i sue them
Post by: alsherooq on January 07, 2015, 11:33:30 PM
I am no lawyer but I would say any signed and notarized contract is legal. You may need to consult a lawyer in your area to be clear of the pros and cons but Mr. Advbose made significant points in his response. A case take long which you need to be ready, mentally and physically.