Stuck Without a Relieving Letter: How Can My Cousin Move Forward Legally?

Hi Kavita, I need your suggestion on the below issue:

Issue with Relieving Letter

It's regarding my cousin. She used to work in a small IT company as a Software Test Engineer. As she got an offer from another well-known company, she submitted her resignation and completed all the formalities in the former company. However, her previous company is now refusing to provide her with important documents such as the "Relieving Letter," which is the only proof an employee has to show that she worked there.

It's been 18 days since she left the company, and she has not received any response regarding her relieving letter. She has lost hope of joining the new company, as they have informed her that she cannot join without submitting the relieving letter. She has visited the company and requested the HR department, but she was treated very badly and was informed that even if she comes to the office every day, she will not be given the relieving letter.

It's a helpless situation as she will not be able to demonstrate her 1.8 years of software testing experience without that letter. Kindly advise us on what should be done. We have tried requesting, but it's of no use.

Note on Boss's Behavior

As per my cousin, her boss has created similar problems for most of the employees who left. He usually does this because he doesn't want his employees to join other companies. Fearing her boss would create a problem, my cousin lied that she would be getting married and hence is leaving the company. We assume that her boss is aware of the lie and is troubling her under the assumption that she will be joining a new company.

We really have no idea how to tackle this problem. I kindly request you to give me suggestions on how to handle this situation. I think we should consider taking legal action against her boss. Can we do that, and what is the procedure to do so?

Waiting for your valuable reply.

Regards, Kavita

Please try talking to his boss's boss. If that does not help, try speaking with the labor officer. Even if that does not help, lodge a complaint at the police station.

Dear Kavita,

It's sad to hear why your sister did not choose to be honest and follow the process for leaving the job. Legally, if an employee resigns, it automatically marks the end of employment with the company unless the resignation is retracted. The relieving process is the company's prerogative, and at the same time, it's an employee's right. I have a couple of questions:

1. Did your sister document her resignation in an email and save a copy for herself?
2. Had she served her notice period?
3. Is she aware of the handover formalities and has she completed them? Does she have any documents supporting that?

In this situation, she should first share the copy of her resignation with her new employer and request time to submit the relieving documents. Then she needs to email the HR and her reporting lead requesting the relieving documents, including the clause to buy out the notice period if she has not served it. Make sure it's extremely cordial and thank them for the experience. She further needs to mention the handover activities she has completed and inquire if there are any further formalities to follow.

Please do not expect any straightforward reply or cooperation. However, this approach would strengthen your sister's position.

If she does not receive any reply, she may seek legal help. Not receiving any replies often strengthens a candidate's position to be hired by another company. Her experience cannot be taken away from her. She has the appointment letter and every document given to her post-appraisal. Encourage her to send a cordial email to her colleagues and seniors mentioning the projects she worked on with them and thanking them for the learnings she gained. If she receives replies to these emails, excellent! Keep a hard copy of the resignation and printouts of all these emails for future reference. Most of the time, she may not require them. At most, her existing employer may declare her as absconding, but her communication with the HR would save this as well.

Wish your sister all the best.

Regards,
(Cite Contribution)