Is It Fair for Employers to Withhold a Relieving Letter if I Repay My Salary?

Hello,

I was a trainee employee of a company for 2 months. After 2 months, I resigned from that company due to my career interests. So, I didn't serve my notice period. I had submitted my original certificates to the company. Now, I want my documents and a relieving letter from the company. They said that I should return my two months' salary. I am ready to pay the salary. However, the problem is, they are returning my documents but not giving me any relieving letter.

So, my question is, is it mandatory for an employer to give a relieving letter to the employee if he/she is returning 2 months' salary (as per the employer's conditions) without serving the notice period?

Hello drohit61087,

When you are returning the 2 months' salary, effectively you HAVEN'T WORKED THERE. So where is the question of any relieving letter? Maybe that's what the HR was trying to do. Why should they pay for your mistake of joining them in the first place and then leaving in 2 months?

Whatever may be your reasons for resigning, leaving a job at such short durations isn't right in the career path. You should have thought of all the options BEFORE joining here.

Frankly, looking at it in another way, you must have given an impression to the HR that 'you used them'. You joined them. Maybe when you didn't have any job, you joined them and they got the FALSE impression that you are serious about working there for whatever duration must have been discussed during the interview—it's up to you to decide if that was fair.

Also, there are many companies which don't return the certificates until the full period is served or harass to return them. You are lucky that way.

Forget about it and begin your career afresh.

Regards,

TS

Hello Tejsateesh,

Thank you for your quick reply. Whatever you said is right, and I completely agree with you. I am getting my documents back. What I want from them is a relieving letter that states I am no longer an employee of that company and that I have no outstanding duties or dues left for the company. I have returned their two months' salary, which satisfies their policies and conditions.

Can they provide me with the relieving letter? Or is it better for me to inquire if I have the right to request my relieving letter?

Hello drohit61087,

What I said earlier still stands: effectively, you haven't worked there. So, from the company's perspective, you don't exist in their active records. But why are you so insistent on the letter? Maybe you can do one thing. You can return the 2 months' salary with a covering letter that gives the check details of the money you are returning and also add a line that states: "I hope you understand that this is the full and final payment due to the company, and there are no other dues that I owe to the company." Get the acknowledgment signed by the concerned person with the company seal.

Regards,
TS

Hello Tejsateesh,

Thank you for your quick reply!

I am requesting a relieving letter because I have secured a job elsewhere, and the new employer requires proof that I have no remaining duties with my previous employer and am no longer an employee there.

I have only one option left at this point. Following your suggestion, I will write a cover letter stating, "This is the full and final payment due to the company, and there are no other dues that I owe to the company."

I am extremely grateful for your help. I hope your suggestion proves effective for me. Thank you very much.

I will keep you informed of the next steps. Thanks!