I work for company A in India and am in my notice period. In about 2 weeks from now, I will be joining company B.

Company A however says that they have a policy that they will give relieving letter along with full and final settlement only 45 days after the last date. They say they will try to expedite, but that is the policy.

Some questions:
1. I have requested them for relieving letter on the last day itself. Can HR legally deny that? - as long as I didn't commit a crime.
2, Is it mandatory to give the new company my old relieving letter on the day of joining itself? or can that be deferred by a few days or weeks?

Note: the offer letter/contract I signed does not state anything about these things at all.

From India, Bengaluru
Labour Law & Hr Consultant
Management Consultancy

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There are no universal rules in this regard. Every organisation has its rule regarding this. If they say 45 days is the Rule, there is hardly anything you can do about it. Generally, Relieving Order is issued at the earliest, the experience certificate is given later along with F&F settlement on submission of No Dues Certificate.
1. Though 45 days gap looks unreasonable and illogical, some delay is inevitable, but it is not illegal as there is no legal provision for it. Probably this may be serving them as a part of retention strategy.
2. Generally the offer letter will list out the documents to be submitted alongwith the joining letter. If they are unable to give you the relieving order or experience certificate, request them to give you a letter indicating the acceptance of resignation and date of being relieved from service.

From India, Mumbai

So far as relieving letter is concerned, I have a different perception. When an employee is relieved from his job in an organization for whatever reason, the relieving letter or order indicates his formal separation from the organization. When such formal separation is a consequence of no pending liability on the part of the employee after a thorough verification process, how the employer can withhold it? When the employee is physically permitted to walk out, it is incumbent upon the employer to place it on record with the issuance of a relieving order forthwith.
From India, Salem

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