Can I Leave My Job Without a Relieving Letter if I Pay the Notice Period? Legal Insights Needed

Dear All,

I have submitted my resignation to the company on 13.02.07 and wish to be relieved on or before 28.02.07. In my appointment letter, it is clearly stated that a notice period of 3 months must be given or the basic salary for 3 months can be paid in lieu to obtain the relieving letter.

However, the HR department is insisting that I stay for an additional 2 months in order to receive the relieving letter, even though I am willing to pay the required amount. My intention is to cease attending the office after 28.02.07.

Would it be considered illegal for me to do so, or is there another method of resolving this situation? Can I take legal action against the employer?

Thank you.

Dear [Recipient],

An appointment letter is one form of a document that represents the agreement/contract between an employee and an employer. As per the terms and conditions, I presume you are being paid in lieu of the notice period. Legally, the employer must provide a relieving letter to you. However, if your current employer is unwilling to issue a relieving letter, you can inform your prospective employer about the situation, and I am confident they will understand your position. Additionally, you can provide some form of affidavit (as a surety) to the prospective employer stating that you have no liabilities from your previous employer. This action can be taken to ensure that you do not lose out on potential employment opportunities due to the delay caused by legal actions, which you are entitled to pursue.

Regards, Jaspal

Dear Mr. Jaspal,

Thank you very much for your prompt response. I have spoken to my prospective employer, and they are prepared to accept an undertaking from me. However, I need clarification on whether I should stop attending the office after 28.02.07 as I am unable to extend my joining date.

Do I need to provide them in writing that I will not be attending the office after a certain date? Is this action legal or illegal?

Thank you,
Anand

Hi there,

You are unnecessarily worrying. Just chill and join your new organization with a smiling face. Provide them in writing that you won't be attending the office by 28.02.07 and leave it at that. Afterward, request a release letter following your joining the new organization. If they still do not provide it, consider filing a legal action and submit a copy to your new employer.

Dear Sir,

You suggest filing litigation. What is the process of filing litigation? Many candidates are facing problems when switching their jobs. New organizations ask for a release order.

If an employer is behaving like that, then submit your resignation and pay in lieu of the notice period. Approach the inspector under the Shops and Establishment Act for a relieving letter. Alternatively, file a civil suit for a mandatory injunction to obtain the relieving letter, etc., and file an application for interim relief.

Thanks,
Sushil

Hello,
I have resigned from my company during the bond; however, they are okay to let me leave without paying the bond. They said that they will give me my relieving and experience letter after the 90-day notice period with a loss of pay. Additionally, I will be exiting the company and will not be going to the office.

Please suggest.

Issue with Relieving Letter Due to Salary Discrepancy

I worked for Tata BSS Services and resigned on 20 June 2016 with all proper documentation. However, after 4 months in September 2016, the company credited an amount into my account. Now, they claim that I received an excess amount and are withholding my relieving letter. They have not provided me with details of that payment. My manager mentioned that due to a delay in updating my resignation, I received a salary in September. I find it puzzling how I could receive a salary four months after leaving the job. My resignation date was 20 June, and the last working day was 4 July 2016.

I also sent an email to the Managing Director of Tata BSS but have not received a satisfactory answer.

Please guide.

Regards, Gaurav Mahajan
EMP ID 134297

Seeking Advice on Notice Period and Relieving Letter

I am a 38-year-old residing in Bangalore. I was working for an MNC in Chennai and took a sabbatical leave for about one and a half years from December 2013 due to my parents' medical condition. I resigned during the sabbatical leave in August 2015, as it was not feasible for me to return, leaving my sick parents in Bangalore. HR accepted my resignation and assured me via email that I was already released. However, they mentioned it would take a month to issue the relieving and experience letters after obtaining clearance from all departments. So, I waited.

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

Kindly let me know if I am obligated to pay this notice period amount considering I was on sabbatical leave. Furthermore, since it has been almost two years without receiving my relieving credentials, please suggest the best way to approach this. Should I take legal action? Will it be effective? How long might it take?

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

Regards