Candidate Without Relieving Letter - Notice Period

Hi,
I want to know if a person is not able to serve his notice period.. For example he is putting down his papers on 20th and he has to join the other company with in 1 week, and the employer is refusing to give the relieving letter as well as the salary for the 20days he has worked.. is it acceptable?
I want to get cleared whether the employee is not eligible for getting his 20days salary and sometimes if he has worked for 15 days worked after the notice period and the management saying that they can give relieving letter but not his salary.. I've seen this happening...
It will be helpful if u clarify me in this regard...
Regards,
Sowmya

Hi Sowmya,
This is really surprising. Well the employee should check with the appointment letter about the notice pay and the clearance policy whenever resigning. :)
Am surprised by the fact that the company is ready to give the relieving letter but not the salary. As per my knowledge this can happen if any due is pending towards shortfall of notice/ advances/ tax implications and so on...
Please check with the Accounts department as the salary is held back for what reasons.
Regards,
Aditi

You can ask the candidate to submit the following documents
1. Copy of Appointment order issued by the previous company
2. Copy of Resignation letter the employee has given to the company
3. Copy of payslip of the previous month
I think these documents would be suffice. For a clarity you can make a background check also. If the background check, is ok, u can recruit the candidate.

Dear,
No legalities resctrict you from appointing anyone who has failed to provide experience letters / relieving orders.
It is emphasized here that antecedents should always be verifiable which in turn requires pre-appointment verification.
Any declaration / affidavit is of no use
Regards
Rajan Kumar

Sir,
There is a policy of Notice Period from either side which is usually in writing.
Short of notice period is to be made in cash by either.
Regards
Rajan Kumar

I am 38 year old, i stay in bangalore,i was working for a MNC in chennai, i took sabbatical leaves for about 1 and half year from 2013 dec onwards on the medical grounds of my parents, i resigned from the same stage(sabbatical leaves) on august 2015 as it was not possible for me to goback leaving my sick parents in bangalore. Hr accepted my resignation and assured through the mail that i am allredy released, but she said it will take a month time to issue relieving letter and experience letter after getting a clearance from all the department,so i waited after 3 months hr came back by saying i need to pay 20k bonus recovery amount,for i which i was ready to pay, but they were not ready to give details of mode of payment, i have been asking them since one and half year, now they are saying that i need to pay 60k notice period recovery amount,

Kindly let me know whether i need to pay this notice period amount as i was on sabbatical leaves, even after this since its almost 2 years that i am not getting my relieving credentials kindly suggest me best way to approach for it?legal actions?whether its works? How much time will it take?

They are playing with me since 2 years pls suggest.

Rgards