Consultancy_hr & Ir
Sirisha Reddy
Hr Executive
Software Engineer

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Hi Everybody,
Is the signature that we keep on the appointment letter is legally valid.
My employer is not relieving me though i server the notice period.
My boss isblackmailing me saying that he put a legitimate property theft case one me. what should i do if he blackmails me in this way.

From United States, Denver

An appointment letter is a contract of employment and essentially carries stipulations in the form of terms and conditions that bind both the parties. It is initiated by the employer and when signed by the appointee, it becomes a contract between the company and the individual.

Now, if the contents of the said contract of employment are one sided, rights are disproportionate or contains terms that are not supported by the laws of the land, then such a contract may not stand legal scrutiny at an appropriate time.

But your question is primarily about "employer not relieving"! I suppose you have meticulously followed the terms regarding the termination of this contract (like Notice Period or salary in lieu of the notice period, or the employment bond, if any and such other conditions that may exist in your particular case.) then your employer can NOT do anything to prevent you from leaving. The logic of this recommendation is this- if you are obliged to give your employer a notice of say, one month, if you want to leave employment and if you have inded given such a notice then under such conditions, the employer is helpless in retaining you after the expiry of the notice period. YOU DO NOT NEED A RELIEVING LETTERAT ALL, to get out of present employment.

A relieving letter is generally asked by the new employer just to ensure are that there are no unresolved issues between the previous employer and you, such that your work performance or conduct may get affected!

The part of your querry that now remains is the question about the present employer issuing threats of lodging false cases against you so as to be able to prevent you from leaving. Before I suggest you anything in this regard, I must express my deepest sorrow that there exist in the present times, such uncouth employers who can resort to such uncivilized ways to harrass employees. We al in this forum should jointly condemn and protest such employers publicly. Under the coditions, it is essential that you do not create a rucus and provoke him to carry out his threats. Don't be reactive. Patiently wait out the Notice Period and after the elapsation of the last day, do your thing. During this period even if you have to maintain a low profile, do so. You may also consider writing out your protest to him and to his superiors. Even if he denies having issued any threats, your purpose of staying out of harm's way will be achieved. You could consider filing an appropriate affidavit before an appropirate authority by way of due precaution. (But I do not really recommend this alternative.) The first two should resolve your problem.

If you need clarification or have more queries, I will need to look at the letter of appointment and the the employment bond, if any and your resignation letter to advise you better.

The situation is NOT beyond us. Just be cool and we can handle it our way!!



December 1, 2006

From India, Pune
I agree with Samvedan. As he said, if you had fulfilled all the requirements like giving proper notice period and not under any service agreement period, your employer can not force you to continue with them. Infact, after the occurance of all these incidences, you will not be able to continue there. Relieve letter will be asked by new employer to conform if you are legally bound to any other company so that in future they will not face any problem. But all companies will not ask for it. In case if your new employer insists you for it, you can explain your problem to him. Hope they understand you and take it in a positive way.
I experienced same problem from one of our employee. He couldn't submit his relieve letter as his employer did not want to loose him. As a HR person I understood his problem and was flexible in this issue. Now he has proved to be one of the best employee in the office.
Everything will be working fine..... dont worry...
Sirisha Reddy

From India, Bangalore
After serving the notice period you can walk off. Do not bother about the threat of being implicated in a false case. The maximum such an employer can do is to delay issuing relieving letter & payment of final dues. Share the facts with your new employer, immediatly & decide your future course of action depending on their response.

From India, New Delhi
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