Current Employer Delaying Relieving Letter , New Employer Demanding It - CiteHR
Adv. Manoj Liyonzon
Advocate, Chennai
Subash Sudarsanam
Self Employed
+2 Others

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I have worked for my company for more than 5 years and have resigned recently and serving 1 month notice period instead of 3 months , for which i have requested for waiver or I am ready to adjust the same in my earned leaves also. But that not the real problem, I guess my current employer will delay the relieving letter as they are not ready to give anything in writing like acceptance of resignation, etc and are not committing when they will issue reliving letter as they said they have given for acceptance from management but no commitment on timelines.It might be due to personal rivalries. I am worried as now only a couple of days are pending for me in this company. However they are harassing me in a legally correct way as they are neither stopping me from leaving (bonded labor) nor they are saying they will not give me relieving letter. They know I require to submit the relieving letter to new company, so trying to sabotage my career by not giving relieving letter at the right time. Can a new company who is insistent on relieving letter from the start take new employee without relieving letter. What should I do ?
Dear Anonymous
Pls clarify the few thing listed below.
1.Are they accepted your resignation and do you have the copy of same?
2.When there is rule of 90 days notice period, how can you serve the notice period of 30 days?
3. Are they accepted your notice period? Are they gave you any kind of letter,commitment regarding same.?
You have only "NO" answer for all of above.If I am not wrong, Then try to convence your exsting company or the new one. Tell the whole story to your new employer and try to grab the convinient way for your self.
Second option is ask your existing employer that, Are they want to retain you and what will be the benefits,If you remain with them?
feel free to revrt.
Regards
ravi

Hi Friend, I think you need not worry here. Pl follow the below

1. Check your appointment letter, if there is a clause that either parties can compensate for not serving the notice period. ( My guess is, this clause would definitely be there in the appointment letter).

2. Check if you had clearly asked for a early relieving and if you had clearly mentioned your last day of working with the company in your resignation letter. If not, you can make a supplementary resignation letter quoting the earlier resignation letter dated/email dated and clearly mention your last day of working ( i assume you have already worked 30 days notice period)

3. Make a handing over note with the list of company docs, emails, resources, etc to be handed over and hand it over to someone responsible ( may be your manager) and keep a signed copy with you.

Imp: If your appointment letter has a clause that either parties can compensate for not serving the notice period and if you have given your consent to compensate the company for not serving the notice period then the company cannot stop you from getting relieved legally.

--

Nanda

-How do you determine that your in notice period, if your resignation is not acknowledged thru
acceptance letter that defines your relieve date, exit formalities & notice period?
-Relieve letter shall be granted only after successfull completion of your notice period & exit formalitites.
So the new co., if expect releieve letter at intrinsic stage is maddness & could not be satisfied too.
-you can be positioned at safe zone as there are provisions to break the bond & make it null & void &
obtain relevant docs from current employer.
-just request your co., to help you,failing which you can sue the co.,

As rightly said by Adv. Manoj, how can you determine the notice period of yours when your resignation is not accepted at all. You have mentioned that they said they have given for acceptance from management but no commitment on timelines, what it means your management is branch and have send it to Corporate Management for acceptance please clarify. As far as my best knowledge goes even your unit/branch must have the authority to accept the resignation. Also let the forum know whether your resignation has been received by the Branch in charge. Last but not the least wait for the resignation to be accepted, send reminders to the corporate office for acceptance of your resignation.
In general I have come across many topics discussed in this forum which is on assumption basis rather than the real problem faced, where the member guess that something unusual will happen to them

Dear Friend,
It appears that either the company needs you and is not willing to accept your resignation with relieving date acknowledge, or they playing with your career (possibly the handwork of some elements, intended to create disturbance). In either case, please send your communications only by Regd. post -ack due, which will indicate to the company that this issue may take a turn against their favor should they be complacent and fiddling one's career. Try to see, if you can get anyone close to you at the helm of affairs so as to sort out this situation amicably. Relationship always matters.

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