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anish-kumar1
I work for a small scale IT company as System Analyst in Coimbatore owned by a single entity.
I recently announced my resignation but employer is not accepting and asking me to complete a task.
Only if I finish my work he said he will leave me else he will not leave me and not give experience letter or relieving letter and will hold my pf.
Is this legally valid that I must complete and only then leave the company.
Ideally the work he wanted to complete will take min of 5-6 months but he wants me to complete and then leave since no employees here.
Shall I leave just like that and can i join the new office?
Is this an offence that i leave without any notice?

From India, Chennai
vmlakshminarayanan
586

Hi,
I think you work for a Proprietorship company.
Please clarify whether you have been issued with any employment order (appointment Order). If so, please check for separation clause (notice period) whether one month or more than that. If notice period is mentioned you can represent to your employer quoting your employment terms.
Employer cannot hold PF. You can claim through UAN portal login using your UAN number.
If you can spare 5-6 months and if the employer pay you salary properly try to finish the work and then get relieved. However document your resignation and get resignation acceptance letter from your employer.
In the absence of appointment letter, if you leave your employment without any information, there may not be any major legality issue, however always please try for proper relieving. More over without relieving letter and experience certificate you cannot prove your experience with your previous employer.

From India, Madras
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