Stuck in a 60-Day Notice Period: Can I Get My Relieving Letter if I Leave Early?

Hi, my notice period is 60 days. I need to join another organization within 30 days. In my current role, they are not allowing me to leave without serving the full notice period of 60 days. They have mentioned that a relieving letter will not be provided if I depart within the notice period.

Question About Relieving Letter Laws

My question is, are there any laws that would entitle me to receive my relieving letter?

As far as I am aware, if I resign after 30 days, they are obligated to issue me a relieving letter and an experience letter after the completion of the full 60-day notice period.

I would appreciate your suggestions.

Thanks.

Kindly go through your letter of appointment and read each and every term mentioned in it. I hope terms related to this are surely mentioned in it. It will help you.

Hi Kapil, this is R. Ramkumar. I worked with HCL Comnet for 10 months, but I quit my job without informing my HR and without providing any notice period. Almost 5 months have passed, and now I am searching for a job. I require a relieving letter from HCL Comnet. Is it possible to get a relieving letter from HCL? My notice period with HCL was 60 days.

I have 4 months of experience. If I leave that 10-month gap in my career, is it possible to get a job in MNCs?

I need your suggestions.

Regards,
R. Ramkumar

Company Rights Regarding Relieving Letters

Companies have the right to repudiate the relieving letter if the notice period was not served and dues were not settled.

Pon

For getting your relieving letter, you must serve your notice period; otherwise, you need to buy it. The notice period must be served as per the terms mentioned in your appointment letter. If your conduct was excellent and if the company values your service, they can issue the letter without fulfilling the above two conditions. There is no other way.

Understanding Notice Period Policies

HR should understand and relieve the candidate immediately. They should not unnecessarily create unreasonable policies. A 30-day notice period is sufficient.

I would like to bring to your attention the matter of the Relieving Letter. I have resigned from my current company and am currently serving a 30-day notice period. As per my Offer Letter, a 3-month notice period is applicable, or a deduction in salary for the equivalent amount needs to be made in the Full and Final settlement.

Following my resignation, my reporting boss is insisting that I serve a 60-day notice period instead of the agreed-upon 30 days. I have made my best efforts to request him to reconsider. I am willing to accept the deduction, but he continues to pressure me to extend the notice period to 60 days. However, my new employer is unable to accommodate more than a 30-day notice period.

Could you please advise me on the best course of action for a smooth and legally compliant exit process during my remaining 30 days of notice? This will ensure that I can secure my new job without any complications.

I look forward to your support.

Regards,
PK

No, your boss can't force you to serve the notice period when it is specifically mentioned in the appointment letter that in the absence of the notice period, you have to pay notice pay. You can also request your existing employer to adjust all your pending leaves in your notice period or to make payment in case of no adjustment and request a formal letter from him which states that you have to mandatorily serve the notice period. If this approach doesn't work out, please approach your HR for intervention. Hopefully, they will assist you, and if they also do not agree, inform them that you will approach the labor court/authority for such harassment.

Looking forward to your support.

Best regards, PK

I joined HCL Technologies for a project with VMware. The project got shelved, and I have been on the bench for the past month. I have received an offer from another company, and they require me to join immediately. However, my manager and HR are not releasing me, stating that there is a three-month notice period. Please help.

Regards,

Alternatives for Notice Period Dilemma

Following are the alternatives before you:

1. Pay and deposit 30 days' salary in lieu of your notice period and serve 30 days in your present company (Check and refer to your offer of appointment letter).

2. State clearly to your prospective employer that you shall be relieved by your present company only after serving a 60-day notice period, and seek an extension in your joining time.

Based on the replies received, decide for yourselves.

Thanks,

R K Nair

Hello friend,

Firstly, you can request your future employer to discuss your current situation. If feasible, ask for a bit more time to resolve this issue. Then, approach your current employer, particularly your reporting manager, and discuss the matter. Emphasize your good performance and positive relationships with your superiors to seek their understanding. Speak to the HR personnel, ensuring them of a proper handover of responsibilities and your availability for any future needs of the company. Inquire if there is a possibility to negotiate the one-month notice period and obtain your relieving letter. Maintain a calm demeanor and exhibit patience and a cooperative attitude throughout. Putting in extra effort might also prove beneficial in this scenario. Remain hopeful and persistent in your efforts.

Please review your offer letter and any relevant policies for guidance on this matter. Any terms and conditions outlined in your offer letter could assist you in resolving this issue. If there are discrepancies, address them assertively but tactfully. It is likely that all necessary information is included in your offer letter.

Regards.

Good thought. 30 days is also too long; it should be 15 days. Have you ever thought about the situation where an employee leaves the job within 1-2 months of joining, or sometimes they don't even join after very positive follow-up; they deny at the last minute of joining? I hope you have also considered the employees who just want to grab a good opportunity without thinking about the present company or profile, and only want to settle down with the minimum notice period as much as possible. Don't you think all these situations should come under some terms and conditions?

During the joining process, it is up to the candidate what he or she is willing to sign. HR always explains every term and condition to the new joiner. Retention is the biggest issue in today's era, and small and mid-level companies face problems when employees suddenly leave the organization. So, these rules are sometimes necessary when viewed from the company's perspective and unreasonable when viewed from an employee's perspective. However, with mutual understanding, in most cases, it can be settled.

Hi Kapil, here, I would like to bring your attention to the Relieving Letter. I have resigned from my current company, and I am currently serving a 30-day notice period. As per my Offer Letter, a 3-month notice period is applicable, or the equivalent salary deduction needs to be made in the Full and Final settlement. Following my resignation, my reporting boss is insisting that I serve a 60-day notice period instead of the agreed-upon 30 days. I have made my best efforts to request this change. I am willing to accept the deduction, but he continues to pressure me to serve 60 days of notice. My new employer does not allow me more than a 30-day notice period. Could you please advise me on the best approach for a satisfactory and legal exit process or action that I should take during my 30-day notice period to secure my new job? I look forward to your support. Regards, PK

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There is no point in discussing it further. As you mentioned, it is clear in your offer letter that one can buy out the notice period, and you are willing to pay for 2 months, then they cannot force you to work longer. Just communicate with them politely, and with mutual understanding, it will be settled.

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Kindly let me know if you need any further assistance.

Hi, I joined HCL Technologies for a project with VMware. The project got shelved, and I have been on the bench for the past month. I have received an offer from another company, and they require me to join immediately. However, my manager and HR are not releasing me, stating it's a 3-month notice period. Please help.

Steps to Address the Notice Period Issue

Please review your project offer letter and respond to them according to the terms and conditions. Request HR to consider the impact on your career growth and try to understand the situation. Meanwhile, suggest that they start looking for a replacement. Also, understand the consequences of not serving the full 3-month notice period.

I had to resign from the job recently. In my appointment letter, it is mentioned that my services may be terminated by either party only by giving the other party three calendar months' prior written notice. Provided that the company may, if it so chooses, pay three months' salary in lieu of notice.

I clearly indicated in my resignation letter that I would like to serve only one month's notice and offered to pay for the shortfall. I received acceptance from my line manager (who signed my appointment and confirmation letters) in hard copy of my resignation.

As per company procedure, we are required to upload the hard copy of the resignation acceptance letter in the HR EXIST portal. I have done the same. However, the soft copy of the resignation letter is yet to be approved in the portal.

Subsequently, I sent a reminder email with a time limit to my line manager to approve the same, but he has not replied yet (the 15-day notice period is already over).

Now, the company is enforcing me to work for 90 days. However, I am not interested in doing so.

Can I Leave the Job as per My Resignation Acceptance Letter?

Can I get a relieving letter? Please guide me.

Sir, I was working from January 24, 2018. Due to personal reasons and further studies, I submitted my resignation letter to HR on August 8th, but HR claims they have not received any such letter. Unfortunately, I do not have a copy of the letter either. Company policy states a 1-month notice period during probation and a 6-month probation after confirmation. However, I have not received any confirmation letter from HR to date. Despite completing the 1-month notice period as required, HR is pressuring me to serve a 3-month notice period. I decided to leave the job after serving the 1-month notice period. Now, HR is threatening and harassing me, demanding 2 months' salary for Full and Final settlement. They have also threatened to cancel my MNC registration and file a police complaint if I do not comply. I have informed the administrator about not receiving a confirmation letter, but both HR and the administrator insist that I am automatically confirmed in their system. Sir, please advise me on how to proceed. Can they cancel my registration in...