Stuck in a Notice Period Dilemma: How Can I Get My Release Letter from My Employer?

I am an ex-employee of an MNC. As per my appointment letter it was mentioned that ‘ there will be three months notice period from either side, however company reserve the right to pay/ recover three months salary in lieu of notice period. Now I have got a very good offer and put my resignation to my HR with one month notice period as my new employer was not ready to wait for more that 30 days as it was an urgent requirement of the position. I request my Hr to recover two months salary in- lieu of notice period and release me. Now they are saying that as per internal policy of the management they will not adjust the salary in lieu of notice period or waive off the notice period. Even they have threat me that if I do not serve the 90 days notice period they will not settle my accounts in terms of unauthorized absence. What is the solutions?

Well,

As per the Contract Act, it has already been mentioned in your appointment letter and also in reference to a court decision, that if an employee is ready to pay the notice period, the company must provide a relieving letter. If you are not in a managerial position, you can file a complaint with the labor court; otherwise, you can approach a civil court.

Regards,
Govind

Relieving with one month notice instead of three months notice is purely a matter of policy of the respective company. An appointment letter is only a supplementary document, and any term therein can be changed depending on the situation. Therefore, there is no point in holding one's relieving order when he has already given one month's notice and is prepared to give 60 days' pay in lieu of notice. This is bad HR practice. HR policies should be flexible and should be varied for deserving cases.

Please write in detail about your situation. Simultaneously, have a discussion with the new company about your not getting a relieving order from the old company. If the new company takes it in spirit, you can go ahead with your joining without a relieving order. In such a case, do not pay the old company 60 days' pay, which you had promised to give had you been relieved properly.

Regards,
Madhu.T.K