[email protected]
Consultant In Legal Matters
Hr Professional
Work As A Engineer
+1 Other

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear All
I have given my resignation in my company on 13.02.07 and want to be relieved on or before 28.02.07. In my appointment letter it is clearly mentioned that you have to give a notice period of 3 months or pay the basic salary for 3 months and can get the relieving letter.
But my HR is forcing me to stay for another 2 months to get a relieving letter, even I am ready to pay the amount. I want to stop going to office after 28.02.07.
Will it be illegal or is there any other way to come out from this situation? Can I file a case against the employer?

From India, New Delhi
Appointment letter is one sort of document of agreement/contract between employee and employer. As per terms and condition, I presumse, you are paying the payment in lieu of notice period. Legally employer must give relieving letter to you. However, if present employer is not willing to give releiving letter, you can apprise of the situaltion to would be employer and I am sure would be employer will undrstand your situation. Even, you can give some sort of affidevit (as a surety) to the would be employer that I have no liability of ex employer. Because by the time you take legal action (which you definitely can) your date of joing may elapse and you may loose both employment opportunity.

From India, Delhi
Dear Mr. Jaspal
Thanks a lot for your prompt response.
I have spoken to my would be employer and they are ready to accept a undertaking from me.
But I want to know that " Should I stop attending office after 28.02.07 because I can not extend my joining date."
Shall i have to give them in writing that I am not going to attend the office after so and so date..?
Will it be legal or illegal?

From India, New Delhi
you are unnecessary worrying. Just chill and join your new organisation with a smiling face. Give them in writing that you wont be attending office by 28.02.07 and leave it there and after that ask for release letter post joining the new org. If they still do not give, file a litigation and submit a copy to the new employer

From India, New Delhi
I have worked with reputed organisation for about 8 months. A month after returning from OJT project i had some serious medical issue and all becoz of co.'s mismanagement on OJT place....i was on medical leaves for about one an a half month on leave without pay...and submitted all the medical documents.after some they called me up and asked for resignation saying not able to provide more leaves...then resigned.but after a weak I received a letter from co. that I had been absconded from the co....then i called my manager asking whats happening but unfortunately he start lying that i did not inform him about the leaves.. that's d reason i have received absconded letter..now to get my relieving letter they said i have to pay 3 lakhs to get me RL...Please advise..
From India, Delhi
dear sir, you suggest to file litigation . what is the process of filing litigation? maximum candidate are facing problems during switching their job.new organisation ask for release\order .
From United States
If an employer is behaving like that then submit resignation and pay in lieu notice period. Approach inspector under the shops and establishment Act for relieving letter. Or in the alternative file a civil suit for mandatory injunction to get relieving letter etc and file application for interim relief for it.

From India, New Delhi
I have resigned from my company during bond however they are OK to leave me without paying bond but said that they ll gonna give my relieving and experience letter after 90 days of notice period with loss of pay and also I'll be making an exit from company and won't be going to office..
Please suggest.

From India, Bengaluru
Dear All
I worked for Tata bss services and resigned on 20 June 2016 with all proper documentation. But after 4 months in SEP 2016 company credit a amount I in my account. And now they say you got excess amount and hold my relieving letter.
They don't provide me details of that payment as my manager told me that due to late updation of resign you got salary in SEP. But I wonder how I get a salary after 4 months of leaving job. I resigned on 20 June and lwd was 4 July 2016.
I also mark a mail to MD of tata bss but not getting a satisfactory answer...
Plz guide.
Gaurav Mahajan
EMP ID 134297

From India, Amritsar
I am 38 year old, i stay in bangalore,i was working for a MNC in chennai, i took sabbatical leaves for about 1 and half year from 2013 dec onwards on the medical grounds of my parents, i resigned from the same stage(sabbatical leaves) on august 2015 as it was not possible for me to goback leaving my sick parents in bangalore. Hr accepted my resignation and assured through the mail that i am allredy released, but she said it will take a month time to issue relieving letter and experience letter after getting a clearance from all the department,so i waited after 3 months hr came back by saying i need to pay 20k bonus recovery amount,for i which i was ready to pay, but they were not ready to give details of mode of payment, i have been asking them since one and half year, now they are saying that i need to pay 60k notice period recovery amount,

Kindly let me know whether i need to pay this notice period amount as i was on sabbatical leaves, even after this since its almost 2 years that i am not getting my relieving credentials kindly suggest me best way to approach for it?legal actions?whether its works? How much time will it take?

They are playing with me since 2 years pls suggest.


From India, Bengaluru
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™