Can I Still Get My Relieving Letter After Leaving Without Full Notice?

I had quit a company in 2005 due to a personal emergency (not a medical reason). I served a 1-week notice, gave a written resignation letter, and had a small send-off. I obviously did not get the relieving letter because I did not serve the 1 month of notice period as mentioned in the offer letter. I now realize the importance of this letter (Better late than never) :)

Now my questions are:
1. Can I go back and ask for it? Will I be given the letter if I agree to pay the amount whatsoever?
2. In my offer letter, it said that 1 month of notice period OR 1 month of Salary
a. Now, someone from inside the company says that the rules have changed and it's now 3-4 months. So, is this applicable to me? Or do I have to stick with the 1 month as mentioned in my offer letter?
b. 1 month of salary --> does that mean Basic/Gross salary?

HR folks, please advise.

Thank you in advance.

Regards,
Vishal

Dear Vishal,

I do not think that a relieving letter from 2005 will be of any use to you. Normally, a relieving order from the immediate employer is what is required to join a new establishment. Similarly, from the company's side, it is not possible for them to 'relieve' you on a prior date because a relieving order will be numbered and dated latest, showing that 'you have been relieved'. However, if you have not collected your service certificate (which shows your service with the company), then you can request that. A Service Certificate will always be a record of your service.

To obtain a service certificate from 2005, I do not think that the company would insist on payment in lieu of a notice period when you were formally given a send-off in an official manner. Certainly, a company may withhold a certificate if an employee leaves without any notice, but in such an instance, the company will not organize a formal farewell either. No professionally managed establishment will victimize employees even after four long years or demand notice pay for granting a certificate. If the management is so cheap, then you may consider paying one month's basic salary plus DA, if applicable, as was the condition while you were in service.

Regards,

Madhu.T.K

Thanks so much, Madhu, for the reply. Actually, I have been selected in one of the companies, and they said that they would need the relieving letter from this particular company, even though they know the situation. So, I said that I would try to get it now.

So, what you are saying is that I should be able to get a service certificate without paying anything? Can you please elaborate on what this would contain? Is this like a letter that says that Mr. XYZ was employed for certain dates and worked on certain projects?

I don't know if a service certificate would be accepted instead of a relieving letter. I will have to ask the HR of this company.

Also, I just wanted to be sure of this one last thing... As per the contract letter, I am supposed to pay 1 month of salary (Basic) + DA or whatever and not 3-4 months (which supposedly has been increased from one). Am I right?

Vishal,

The company may issue the relieving letter after receiving the clearance and settlement of all dues. As you mentioned in your offer letter, there was a clause of 1 month; otherwise, you will have to pay 1 month's salary. In that case, only the same will be applicable to you, although the policy has now changed in that particular company. Also, I need to inform you that after settling the pending dues, you can receive the relieving letter and experience letter as well, and no company can deny giving those.

Ashok

Dear Vishal,

My suggestion, first, have you spoken to your company from whom you wanted the relieving letter? If not, why "worry the worry before worry would worry you." Hope you got that. Speak to the HR there and inform them of the help you need, and I am sure after 4 years, why would they have a problem issuing you a certificate, provided you had a strong case of misbehavior or otherwise.

Regards, Ukmitra

Option B is applicable to you. You should directly speak to the HR department and send an email or a registered post to them. Definitely, they would reply and ask you to either serve the remaining days or pay one month's wages. If you encounter any problems, our NGO can help to discuss your situation with your previous organization.

Best Regards,
Sajid

Mr. Madhu has provided the correct answer to your issue. As mentioned by Mr. Madhu, now request the previous employer to provide you with a service certificate stating that "Mr. xmxmxm was working with us as xxxxxxxxxxx from xx/xx/xxxx to xx/xx/xxxx. He has left the services on his own. They may have their own format of giving a service certificate.

Hi, Previously, I was working with an IT company in Pune. I received an offer from Bangalore and resigned on 7th Feb 2010. My notice period was 1 month, but due to some internal issues, my management terminated my services after serving a 20-day notice period. My current employer has accepted me without a relieving letter. Now, I have an offer from another company, and they are asking for the relieving letter. I have all the proper documents throughout my career except one employer's relieving letter out of my four employers. Please suggest to me what to do in this situation.

Regards,
Sachin

It seems like the topic above has already been discussed here. A relieving letter from your immediate previous employer is necessary when you join a new company, and for the duration of your employment, only service certificates are required. Therefore, I don't believe you need to obtain a relieving certificate from the employer you worked for in 2010.

Regards,
Madhu.T.K