Stuck Without a Relieving Letter: How Can I Resolve This and Avoid Legal Trouble?

Hello, I was working in the automobile field under a 5-year service agreement. I finished 4.5 years. Since I got a very good offer from another company, I resigned. My employer is asking me to pay 3 months' salary instead of 7 months, and I have already paid.

Now they are refusing to provide me with the relieving letter. What can I do at this time? How can I obtain the letter? Should I file a case against them at this stage?

I am about to receive an offer from a competitor company of my old employer. Can they take legal action against me?

Please suggest.

It's very unfortunate that your ex-company is not providing you with a relieving letter despite you forfeiting your salary for 3 months. This is unfair.

In such a case, all I can suggest is that you ask them one last time. Try approaching a person in the HR system who is understanding but also capable of influencing the situation.

If that doesn't help, simply forwarding an 'Acceptance of Resignation' via email or on paper should suffice. I assume you have a copy of that document with you.

Filing a legal suit against your ex-company might not be helpful; it could potentially backfire on you.

I hope this advice is helpful.

Thanks,
Kanishka Saha

Hi Bala, your ex-company is really awful in simple terms. It's a very common practice nowadays to mistreat employees, especially those who do not have processes in place. I suggest sending three request letters to your HR with CC to Senior Management. If you still do not receive any response, you have every right to take legal action against them as they do not have the right to toy with your career. Remember, they hired you because they saw your capabilities, plain and simple. If you are from Hyderabad, please let me know, and I can guide you step by step with a legal lawyer.

Hi friends, the same thing is happening to me as well. My ex-employer has not provided me with an experience letter, and it has been almost 1.2 years since I started my new job. I have been trying to obtain the experience letter, but the director is not responding. The HR person is unable to help as it is a small IT company where all decisions are made by the director alone.

I have emailed them several times and called them, but nobody is willing to assist me. The reason for my resignation was a job change that the director did not approve of, leading to the withholding of my relieving letter.

I am based in Mumbai. What should I do now? Please help.

Unless we know the contents of the service agreement, it is not advisable to give any suggestions. If the agreement contains a clause for separation by payment of a certain month's salary and if you have done so, you should be given the relieving letter, provided that you have completed all the relieving formalities. If you have complied with all the requirements, you have every right to proceed legally against your employer. There are certain legal judgments wherein the employee claimed continuity of employment with back wages since his current employer terminated his employment for his failure to submit the relieving letter from his previous employer. The High Court and Supreme Court have pronounced judgments in his favor.

Regards,
Kanna.vijayakumar

Hi Everyone, I have spoken to an HR person. He advised me to provide a letter containing a request for relieving before the service agreement. They also requested me to add, "I am not joining any competitor company." If I provide this kind of letter, what can they do if I join a competitor company? My service agreement is a two-sided bond. Should I make a fake signature and provide it to my employer? If I am caught, I can show proof of the notice period being paid, and I can say that they provided it after I paid.

Thank you.

Contact the labor court and file a case with all relevant documents, such as your appointment letter and proof of your 7 months' salary payment with check numbers. If things worsen, the labor court will provide you with an experience letter and a relieving letter.

Regards

You can state that you are not joining the competitor and get the relieving certificate. Hope you have not informed them about your present employer. Later, if you join the competitor company, there is no problem for you. It is a practice nowadays to ask for such an undertaking, and it will not bind you legally. It is common sense that we join a new, similar company based on our past experience. However, we should not work in both companies at the same time.

Regards,
Kanna Vijayakumar

You can definitely make it legal, but from the discussion, I think your present organization does not have any standing orders or follow any policies strictly. Another option is to collect your offer letter, appointment letter, and bank statements with your salary credits, and then provide these to your new employer. However, do not even think of forging the signature and submitting the documents to your new employer. Employment should be based on mutual trust, and if they find out that you have manipulated it, they might lose faith in you, and this could be an additional hindrance. So, instead of attempting any such thing, one last time, discuss with your present employer. If it does not turn out well, provide all the details to your new employer, and then you can take things further.

Moreover, you need not worry about joining a competitor organization as this may not be legally acceptable. Unless you have dual employment, nothing can hamper your career.

So, all the best.

Hi, I have one question. I joined my current employer on November 29, 2010. I was relieved from my ex-employer on December 13, 2010, due to pending work. Will the overlap cause any issues for me? Regards.