Stuck Without a Relieving Letter: How Can I Resolve This HR Nightmare?

Hi,

I work in a software firm in Noida. The company requires a 1-month notice period or salary in lieu of the notice period if the resignation is accepted. Now, the scenario is that the company sent me to the client site in Bangalore. Before going to Bangalore, I informed them that I had some family problems and couldn't go. The recruiting manager indirectly suggested that I leave the job, which made me a little scared, so I went there. After around 10 days, I realized that my personal problems were increasing, and my family needed me back. I then resigned, giving a notice period of 15 days in lieu of 15 days' salary. I also mentioned that as the work had not yet commenced at the client site, they should call me back. However, they did not accept my resignation. Despite my repeated calls and emails informing them that I wouldn't be able to stay beyond the given date in my resignation letter, they ignored it. I returned after completing the 15-day notice period and informed them via email that it was my last day with the company. Now, when I ask about my relieving letter, they claim that I absconded from the company and have marked it as such, refusing to issue the relieving letter as my resignation wasn't accepted.

I have emailed them numerous times and spoken on the phone, but they are unwilling to provide it. In the future, when I search for a job, I will need their reference.

Furthermore, the recruiting manager, who is now in HR, has told my ex-colleagues that he intends to ruin my career and teach me a lesson. If any verification requests reach him, he plans to give very negative feedback and claim that I never worked there.

Please advise me on what steps to take and what to avoid. They are requesting that I courier them the company ID card but are unwilling to issue the relieving letter. I don't understand how they can make me work forcefully when I don't want to. The HR Head is very reluctant and causing this chaos. Her behavior is childish, saying that since they didn't accept my letter, they won't provide the relieving letter. It's not mentioned in the employment letter that they won't issue the relieving letter.

Please suggest what I should do.

Thanks in advance,

Bhuvan

Hi, Hello Mr. Bhuvan,

I am Siva, currently working as an HR executive. I think your HR manager is playing a game. Please provide me with the following information so that I can guide you in this matter:

1. Explain to me about your appointment offer terms and conditions.
2. On which date did you submit your resignation letter, and do you have any other details to share?

I am waiting for your reply.

Regards,
Siva

Hi Siva, thanks for your reply. Below are the details you require according to the employment letter:

1. In the event of you being on transfer or deputation at the time notice is served, you agree to return to the head office of the company and then work out the notice period or pay the amount due in lieu of such notice period.

2. The company reserves the right to seek the extended notice period from you if such a need arises. An employee may pay in lieu of the notice period only if agreed to by the company.

3. No leave can be availed during the notice period.

I submitted my resignation on 2nd May and was there until 16th May 08. Also, I asked them if I should come back to Noida, but they clearly told me not to come and not to inform the client about my resignation.

Dear Mr. Bhuvan,

Don't worry, be relaxed! Send a Registered AD to your company providing full details about your case. Attach your Appointment letter and Resignation xerox copy. Finally, state that you are not interested in continuing to work for the company due to family medical reasons. Request them to settle your account, provide clearance, and issue an experience letter.

Upon receiving acknowledgment, stay calm and pursue other job opportunities. When you secure a new position, ensure to communicate clearly in advance about your situation before they conduct a reference check.

Our HR community comprises understanding individuals who acknowledge real-life situations. They are receptive to genuine reasons if you are sincere. I trust our HR community will empathize with your circumstances.

If you are skilled and knowledgeable in your field, you will find another job swiftly. Focus on the future of your career, leaving the past behind. The past is gone, and the future holds opportunities for career growth.

Take care,

Rameshwar

I had a talk with HR. She says she will give the relieving in 2 months but will put in the content that I have broken the company laws (which I didn't, it was only that I gave a 15-day notice period and another 15 days' salary. The actual notice period is 1 month). Also, she is getting very rude. I asked what I have done that she will be writing this content in it. She just said, "You didn't give us time for replacement." Now, what should I do? Or should I wait for the letter?

Seeking Advice on Notice Period Payment and Relieving Letter

I am a 38-year-old individual residing in Bangalore. I used to work for an MNC in Chennai. In December 2013, I took sabbatical leave for about one and a half years due to my parents' medical issues. I resigned from the same position (while on sabbatical leave) in August 2015 because it wasn't feasible for me to return to work in Chennai, leaving my sick parents in Bangalore. HR accepted my resignation and assured me via email that I had already been released. However, they mentioned that it would take about a month to issue the relieving letter and experience letter after obtaining clearance from all departments.

I waited, but after three months, HR informed me that I needed to pay a recovery amount of 20k as a bonus. I agreed to pay, but they did not provide details on the mode of payment. I have been requesting this information for one and a half years. Now, they are stating that I need to pay a recovery amount of 60k for the notice period.

Please advise if I am obligated to pay this notice period amount since I was on sabbatical leave. Additionally, considering it has been almost two years without receiving my relieving credentials, kindly suggest the best approach to resolve this issue. Should I consider legal action? If so, how long might that process take?

They have been causing me distress for two years. Please advise.

Regards,
Vishal