Hi I work for a startup and I recently resigned from my company citing personal reasons. I have submitted my resignation through e-mail to my Manager/Boss/HR and initially asked for an early exit. He dragged my resignation for a few weeks through email conversations but didn't accept my resignation. Finally when I approached him personally and talked F2F he told me that it's impossible to relieve me early. Then I mentioned that, even though it's unfortunate that I couldn't be relieved early then as per the terms and conditions of the agreement in the offer letter I will server the two month notice period and would exit the company. He right away told me to my face that he wouldn't relieve me.

So, in the worst case I will serve my notice period and not show up at work. But by doing so I will be forfeiting my relieving letter and experience letter. When I mentioned the same to my new employer and disclosed the conversation to them, they understood and told me that it's fine even if I don't have the relieving and experience certificate. They asked me to just come and join with them once after I served my notice. My new employer is also a startup BTW.

Could I really be denied relieving letter? Can I take up the offer of my new employer, will there be any legal ramifications later or in the future endeavours? Can my employer take legal action against me after I leave the company once I complete my notice period, without proper exit process?
24th October 2016 From India, Hyderabad
See you can get any payment that is due when you leave your organisation by giving a complaint under shops and establishment act of your state. But relieving letter and Experience certificate are not part of pending wages under any law.. Though they must be as they have future economic benefit for an individual. So the only way is after serving the notice period go for a civil suit as it is a general practice to give experience certificate and relieving letter. But that is time and money consuming hence not advisable.
As for your proof of working at some place is concerned. Your PF number and ESI Card or UAN are sufficient to say you worked with them. Also they must have given you your payslip and it bear you designation. So it will do.

25th October 2016 From India, Kolkata
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