How Can I Secure a Relieving Letter When My Company Refuses to Waive the Notice Period?

Hello,

I am currently working in a small software services firm. Our company is a project-based firm. When I joined the company, there was a good ongoing project for which they trained me. However, shortly after, I learned that the project I was trained for no longer exists. As a result, I have been without any significant work for the past 6 months, only doing some minor IT tasks on the side.

Initially, I thought the company might be going through a transition phase and that more projects would come. However, even after 6 months, that has not been the case. In light of this, I started looking for a company with stable projects of its own.

I received an offer from a reputable IT firm and subsequently submitted my resignation to my current company. The issue arises with the notice period required by my current company, which is 3 months. I have already completed 1 month and 8 days of this notice period, but my current company is unwilling to waive the full 3 months. They are holding daily meetings, trying to convince me to reconsider my resignation.

Throughout my tenure, I have been a loyal employee with a strong work ethic and have maintained a good reputation. I have not taken a single day of leave. I value leaving with a clean record, including obtaining a relieving letter. However, I am uncertain if my current company will provide this letter, as they have a history of not issuing relieving letters to departing employees and causing mental distress. They are also refusing to allow anyone to buy out their remaining notice period.

I am at a loss regarding what to do. I have discussed this with my new employer, who has no issue with me joining without a relieving letter (after the 47 days left in my notice period). Nonetheless, I prefer to have one for the sake of my career and future prospects, and I am concerned that my current company may tarnish my reputation if I leave without it.

I seek advice on this matter and believe this forum is the right place to request assistance. Additionally, I would like to know if there is a legal recourse for this situation and whom I should approach for guidance.

Thank you,

M. Roy

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P.S: I have offered all possible options for an early relieving:

1) Willing to train a replacement and make them productive within 45 days - They declined.

2) Tried recommending a replacement - They declined.

Hi Mithun,

You are indeed in an unfortunate position! You are saying that you have already been here for 6 months and have to stay for another 3 months, so if they do not give you a relieving letter, you will lose almost 9 months of experience on your resume. But since your new company is ready to take you on without a relieving letter, I would suggest you join the new company. If you wait much longer, you may lose out on this offer too.

Maybe you can take any senior/HR person in your present company into confidence and request him to be your reference in case any future employer wants to do a reference check. This can help you in your career even if you do not have a relieving letter from the present company.

Regards,
Deepa

Thank you, Deepa, for your advice. I really appreciate it. By the way, will there be any problem regarding the company blocking my PF, LTA, etc., amount to me.

Regards,
Mithun Roy

The best approach is to come to an understanding with your current company. It is a must to have your relieving letter as you would require it in the future.

Make your current employer understand that you are leaving because they do not have any projects for you to work on; otherwise, you would not have left.

Thanks,
Srini

Dear Roy,

This situation will always be there as long as you turn out to be a person whom they feel cannot go against the company. I am not misleading you, but the same thing happened to me where I was asked to sit with a security guard beside me so that I do not talk to any other employee. The only stand that I have taken is to quit the company without any notice or resignation letter. If you are good enough that the company might feel can affect their business or they are more conscious that you are getting better opportunities than what they can offer you.

Just make your stand clear to the management, and if you feel that you can offer them salary in lieu of the remaining period, do that.

You might lose a good opportunity that might not be with you once you have quit the present job.

No company has the right to restrict the movement or freedom of work. You must make your stand clear to the present company. You can also avail your leaves in case you have any or get the leaves adjusted against the notice period.

Suresh

Hi Mithun Roy,

You have the following options:

1. Adjust your Earned Leave with the balance notice period and leave the Company.
2. Pay off salary (in most cases, basic salary) in lieu of the notice period as per Company policy and leave the Company.
3. Leave the Company without further serving the notice period (Company, in most cases, will do nothing but withhold your settlement for some time, relieving letter, and experience certificate). Don't bother about these as long as your next employer is willing to accommodate you. No one can deny your service in the Company since you drew your salary from there, and that stands as proof.

I suggest, in the future, avoid signing an appointment letter with more than one month's notice period. Also, don't stick to this Company that seems unreasonable and not employee-friendly. Leave as soon as possible.

Regards,
Rahul Kumar