Stuck Without a Relieving Letter: How Can I Join My New Job and Handle This Legally?

Hello members,

I'll be joining a firm after 3 years of recruitment (due to recession they didn't hire freshers) as a fresher. My problem is that I was working with a Telecom firm on the payroll of some other staff leasing company. Since my new employer didn't give me much time to serve a one-month notice period, I left the firm without giving notice as it is clearly mentioned in my contract that the employee can leave the company with "notice of 30 days or salary in lieu thereof." Now the staff leasing company on whose payroll I was is not ready to release me since my manager is not accepting my resignation. He, the manager, is not replying to my emails explaining why he cannot release me as that would be illegal. He verbally states that I'll have to serve a one-month notice in order to be relieved. Will this be a problem for me as my new employer has mentioned a copy of the relieving letter in the list of documents required at the time of joining? Can I explain this to my new employer?

Also, please let me know how I can take legal action against them.

P.S: I have also sent several emails to my manager with HR and TL in CC but haven't received any replies from them.

Thanks,

Rahul

Dear Rahul,

In your case, you can email the upper-level manager or the management regarding this. If you have already sent an email or any communication regarding your resignation, make sure to send copies to your personal email. Hereafter, remember to mark a BCC to your personal mail.

Next, speak with your upper management and ensure you have copies of all communication regarding your resignation. It would also be beneficial to inform your new employer about the situation.

Thank you.

Rahul,

I understand that you have already discontinued your services with your erstwhile employer. As per the contract, one month's notice is mandatory. Therefore, there arises no question of the leaving of services being illegal as you are prepared to forgo one month's notice pay.

I recommend consulting a good local lawyer and asking them to address a legal notice affirming the facts. You should call upon your former employer to release you promptly or face the consequences with the administrative tribunal (if your monthly salary exceeded Rs. 15,000).

If you encounter further issues, feel free to reach out to me for any assistance you may need.

Thank you and regards,

Thank you, Mahr and Prasiddh.

Prasiddh, actually, I meant to say that my manager would not write the stuff he's telling me on the phone - that "I'll have to work for one month and the salary in lieu of notice option doesn't suit me." These were the exact wordings of my manager. I told him to write all this stuff through mail, but he hasn't replied until now because he knows he's not right, and he's just trying to harass me.

Can you please let me know what proof I can show to my new employer, whom I would be joining within 5 days, that my case is genuine?

Hi Rahul,

Showing proof to your new employer that you have resigned will be enough. They will hire you. You can forward the resignation email to your new employer, or if it's a hard copy, show your new employer the same.

Here, you should not only think for a temporary solution, i.e., showing your new employer that your case is genuine. Try to get your relieving letter from your current organization. If you join any CMM level/Ltd. company, all these documents will be required. Think on a long-term basis.

Thanks, Munmun.

Dear Rahul,

You are worrying very much. I think your concern is how you will face a new employer and how they will take this situation if they come to know? Please don't worry. Forward the email you have marked to your previous manager to the new company and take a printout of these emails when you join. Also, please explain the complete situation at the time of joining. Mostly, employees on third-party payroll face these problems. Forget the past company. Nothing is going to happen, and please do not get into legal hassles as you have not served notice, and it is a clause in the company letter which you have signed. It may also affect your new employer.

I am 100% sure that if you submit your resignation via email, the new employer is going to accept that.

Best Regards,

Deepshikha Balwani
Manager-HR
IMPETUS

"I haven't served a 30-day notice since I had the option of paying salary instead. It's clearly mentioned in my contract. Even one of the HRs has confirmed that I should get the relieving if I am ready to pay one month's salary."