Stuck in a Probation Dilemma: How to Resign When Family Needs You Close to Home?

I know somebody who has recently joined an organization but due to some family issues, he wants to resign and join a firm near his home. He is still under probation. However, the current employer is not providing a relieving letter even though my friend is willing to pay for the notice period. Instead, the employer insists on him serving the notice period. The new employer also requires a relieving letter before the expiry of the notice period for the person to join them. The individual's sole reason for leaving the current organization is family problems.

Please suggest what the next course of action should be.

Your employer is liable to give you a relieving letter unless there is some tricky clause in your offer letter. Please write to your HR manager once again for the letter if required and mark it to your CEO.

Kiran Reddy

The general practice is that if an employee resigns within the period of probation, he is not entitled to any relieving letter. Here, I would also like to mention that even regarding his PF, he is entitled to one part and not both parts (contributions). Since there is no clarity on the actual family problem of your friend, the employer can make decisions that they feel are appropriate and in the interest of the company. Can your friend prove that he is actually joining that company in his hometown at a lesser salary or a lower position?

I think all these things are very subjective. The fact remains that the employer of your friend has wasted an enormous amount of time, energy, and money to keep your friend for those many days without getting much in return.

All the best to you and your friend.

Thanks and Regards,

Sanjeev