Can I take legal action for refusal to relieve and return certificates?
Good evening, Sir, I am currently working at a private school. I submitted my resignation letter but have not received any response—neither an approval nor a denial. I officially served my 3-month notice period as per the HR policy outlined during our onboarding. However, now they are refusing to relieve me from my duties, as I am teaching Grades 11 and 12. Since it is revision time for the students, they want me to come in a few days a week, which is highly impossible for me due to my family situation. They are also refusing to return my certificates. Could you kindly let me know if I can take legal action in this case? Thank you.
Under Indian labor laws and multiple Supreme Court judgments, withholding original documents/certificates of employees is illegal and amounts to unfair labor practice. If you've served the notice period as per your contract, you can file a complaint with the Labor Commissioner or pursue legal action through civil courts, as employers cannot force you to work beyond your notice period or withhold your documents - this is protected under Article 23 of the Indian Constitution which prohibits forced labor.
You have a right to pursue the case at this point. Because you gave them your three-month notice, the school cannot lawfully force you to stay since they are withholding your certificates. This is also unlawful because they can't prevent the relieving process or retain your documents. You should document all communications and consider sending a formal legal notice demanding the return of your certificates and relief from your duties. If necessary, consult with a lawyer to explore further legal options available to you.
Sir, as you have already served the 3 – month notice period as per the policy and still they are not reliving you from duties and refusing to return your certificates then you may consider sending a legal notice with the help of an expert lawyer who will assist you to file a complaint with the labor authorities. For further legal assistance contact us on our helpline number.
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