Recently I resigned from my previous employer. This is one of the worst company, they lacks professionalism and corporate culture. Their staffs are also dumb. So, I decided to resigned from this company and got another opportunity in next company. Now as I said they don’t have as such processes, I asked them to relieve in 3 days, however they have 1 months of notice period. They drop a mail regarding of resignation and my last working day which was 31st –Aug-2016 with. Management was ready to relieve me in 3 days. I asked my employer to release my relieving and experience letter on my last day of working as it was mandatory documents for joining other company. Here comes the twist, till last date of working, no one raised any concerns regarding my reliving letter or notice period. Now they are refusing to release my reliving letter and experienced saying as you didn’t served the notice period of 1 month, We can’t release the relieving letter and experience letter on such a short notice. However they have already accepted my resignation by mail stating that:

“We are accepting your resignation. You are relieved on 31-Aug-2016 , Your relieving letter will be issued by 25th September 2016.”
Now my new joining date was 01-Sep-2016 and now It’s on hold as my new employer is asking my relieving letter. Please help me to handle current scenario. Should I ask my ex-employer to release my relieving letter by a legal notice?
Note: In my previous employment contract , there was clause “to serve notice period of one month”, except this nothing was mentioned anywhere.

From India, Mumbai
Rajesh Kumar Dubey
Manager - Hr
Software Engineer

Please help me on this issue, any advice will be grateful. I have resigned from my previous company and not able to join new company because of relieving letter.
From India, Mumbai
Rajesh Kumar Dubey

I is very clear from your post that management has accepted your resignation and cleared his motive also as per your appointment advice / clause, and Reliving letter issuing date.
Don't be over smart to give legal notice for getting experience letter. The ball in employers court and your attitude must be polite to get your paper. Get print of your mail of resignation acceptance and make a call to future employer either personal meet or on mail that pls give u an opportunity for early joining.
This my personal opinion in the matter but you are free to adopt your own course of action

From India

Actually you need to buy out the notice period. As suggested by Mr.Rajesh kumar Dubey approach the HR / Management and request them to provide the letter or talk to your progressive employer to allow you to join with the mail or to extent the joining date to 26th Sept 2016.
You can also get a confirmation from the progressive employer about the reimbursement of the buy out amount of Notice period, pay the notice period amount to the present employer obtain clearance, relieving, service certificates and join.
As far as I am concerned you don't have any logic for a legal fight. I suggest not to waste your career by going for legal as it takes lot of time & money at the same time professional organizations don't like to recruit people with this type of background.

From India, Hyderabad

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