Employer Not Relieving After Notice Period? - CiteHR
Recruitment/talent Acquisition, Career Counselling
Agile Solutionist
Software Developer

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I have been working in a software firm from 3 yrs.
I have an good opportunity from another firm.
My appointment letter has clause as
termination can be done by either party by giving one month notice.
Now I have resigned 25 days back still I didn\'t get my relieving date.
My present Manager gave me documenting all projects done from beginning.
And told me once they are satisfied with my documentation then they will let me know about my relieving.
1 week back have documented and they said no useful information in this documentation and
asked me to document it with details.
Again I documented , what ever I know but same , manager said no useful information.
I even documented the work which haven\'t done by me, apart from the projects done by me.
But still he\'s not happy.
Asking me to document it with full details.
I have documented way ever I know.
I am not sure that he will be satisfied with my work.
I have discussed this matter with my prospective employer.

I have discussed this matter with my prospective employer.
My prospective employer just want offer letter , bank statements as proof.
so my questions are
1. what if I leave on my completion of notice period ?
2. what legal action they can take if I leave?
3. can he take legal action stating not properly work done by me?

What is your job role. Are you supposed to document projects and maintain as per JD

1. If the employer is referring to work which you have not completed (which you are supposed to finish as per your role), then you need to put extra effort, finish

and leave then.

2. If the employer is trying to spoil your opportunity and just for the sake of that given some additional work (which is outside the scope your role), you can express your inability in writing and request them to relieve. If they are not relieving you on completion of your notice period, as anyway your prospective employer already agreed to take you with offer letter and bank statements as proof of employment, just do that

3. Also please ensure that everything from your side is clear before relieving - it could be official work, gadgets provided by company etc.

4. Try to keep a copy of the physical letter or mail from personal id, stating that with so and so date, you have handed over everything. Say thanks and appeal once again to provide relieving and end of service papers. If you have PF, take necessary particulars to transfer your PF to new company

Keep the cool and approach professionally

I am a software developer.
My work is to develop software.
Here projects are developed from 3 years.I am not the only person who worked on it.
But earlier employees left company.
Now I am the only person who is working on a new project which is assigned.
manager is asking to document all projects.
Even if I have documented them, he is not happy with it.
What should I do if he say so, on the last day of my notice period?

Hello A_23,
Pl confirm your tenure with this present company--since how long are you working with them?
What is TOTAL exp level?
More important than the current opportunity that you have in-hand, you also need to take care of your OVERALL CAREER.
You mentioned : "My prospective employer just want offer letter , bank statements as proof"--do you have them?
Pl answer the queries--a solution ought to be found for your present situation.
Like the saying goes: There's no Problem without a solution; we only need to Find it.
All the Best.

What is the Company strength AND your project strength You mentioned your manager asked you to document ALL the projects — were these instructions verbal or in-writing? Rgds, TS
1] Does your present company know where you are planning to move?
2] What is the Company strength AND your project strength [meaning how many engrs report to your manager]?
30 members. I am the only person left in this domain.
3] Have you seen anyone being treated the same way earlier--or heard of such earlier situations?
NO. All others also documented but relieved in 20 days.
4] You mentioned your manager asked you to document ALL the projects--were these instructions verbal or in-writing?
It was through mail.
I documented and mailed the documents.

Hello A_23,

First & foremost, suggest ask for more time @ your new company to Join--maybe a couple of weeks [this is presuming you are running out-of-time to join].

Prima facie, looks like your manager IS NOT out to harass you--he is acting more out-of-desperation than any malafide intent [since you are the only one left].

Suggest mail to him to specify the norms & EXACT way he wants the documentation to be made--but verbally convey to him that (1) unless you know HOW he wants it to be done, you CAN'T deliver it the way he wants AND (2) you are doing it ONLY because of your concern for the company & since you have a sort of soft-corner for him--& DEFINITELY NOT because of needing the Relieving & Experience Letters, since the new company is OK with showing the Bank Statements, etc. Let this get into his head clearly.

Also, insist on a clear timeframe in your mails--since you need to convey it to the new company. However, SUBTLY also convey that IF this goes on & on without any ending in sight, you might decide to just move on @ YOUR choice. Let this aspect NOT LOOK TO BE A THREAT, but a sort of ALERT.

Also, since your's is not a big company, maybe you can also approach your MD--to ask him to suggest the best way forward, where BOTH the company & you can handle this issue.

However, pl do REALIZE that you DO NEED these Letters for your career track record--though your manager DOESN'T NEED TO KNOW THIS ASPECT [else you know the result].

I hope your manager sees reason & works towards a mutually satisfactory parting of ways.

All the Best.



Just check what are the terms of appointment. Does it state that the separation can be done with one Month's notice or does it also state that,"you will be relieved upon satisfactory handing over charge to the person whom the company nominates during the notice period.".

Most companies do not add the handing over clause. When the handing over clause is not mentioned, then the employee can leave on completion of the notice period since its a time bound notice period and not a task driven notice period.

I have seen that even many IT companies incorporate a time bound notice period and not a task completion notice period and then there is heart burn for both the employee and employer. This basically happens because either the first HR head would have been from manufacturing or they asked a lawyer who mostly handles cases of manufacturing companies to draft the letter.

There are some wise HR professionals who have incorporated the project completion clause in the letter and this gives room for a person to target when to get out or the company to expect separation, if the project is completed, in a manner which fosters mutual respect.


No the clauses in appointment are
1.Termination can be done both parties by giving one month notice.
2. If employee do not report to duty for more than 15 days without informing then job will be terminated.
There is no clause mentioned to hand over charge during notice period.

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