Stuck Without a Relieving Letter: How Can I Move Forward with My New Job Offer?

No Relieving Letter

I worked for a big software services MNC. I got married and had to travel abroad, so I spoke to my manager about my resignation. He suggested I take a sabbatical leave for a year and come back to work. I did that at the time as I had plans of returning to India. Later, my plans changed due to personal reasons, and I knew I wouldn't be able to come back and join. So, I resigned (sent a resignation email) well before my leave end date. I spoke to my manager on the phone, and he was okay with it. I continued with my life abroad.

Now, after 6 months, I received an offer from another company. I contacted my old employer for a relieving letter and discovered that I had not been relieved. My name still appears on the company's employee list. I spoke to my manager, and now he is behaving differently. He is saying the rules have changed, and I must return to India, resign, and serve a notice period.

I am stuck. I feel cheated. I have raised my concerns, but I have no proof to support my point. I am eager to join the new organization, but without a relieving letter, I cannot.

Please suggest.

First, tell me one thing: did the company provide you with an appointment letter at the time of joining? Was there any mention of termination/resignation in it? Every company is required to issue a written notice to employees when there are changes to the rules. Did this happen in your case? If the rules were altered after you submitted your resignation, then the new rules should not be applicable to you. However, in your situation, you lack proof regarding your manager and your conversation. It may not be possible to obtain your release from the company through legal means. Firstly, you need to confirm the contents of your appointment letter. Please provide details about that, and I will then offer you a solution.

Offer Letter Terms and Conditions

The offer letter states: "Anyone (employer or employee) may terminate service at any time by giving n days' notice or salary. However, in cases of urgency, the employer may reject the salary in lieu of notice and require the employee to serve the notice period entirely or partially. The employer will not be considered to have relieved the employee of their service except upon the issuance of a letter by the employer to that effect."

The company did not inform me about the changed rules. The email was only sent to managers, as my manager informed me.

Regards,

Addressing Paperwork and Documentation Issues

First and foremost, you made a mistake by not having your paperwork in order. You mentioned that you were given permission to go on Sabbatical Leave—do you have any documents to support that?

Also, you mentioned that your manager was okay with your resignation—was it conveyed verbally or through emails?

There is a possibility that what your manager is saying now is true—many companies have altered their HR policies due to attrition. Moreover, I am unsure if it is standard policy for every employee to be notified of any policy changes—some companies simply post them on the bulletin board.

You are fortunate to still have the same manager to speak with. Imagine if he had left the company, and you had to deal with an entirely new person. Without any documentary evidence, would you believe in that scenario?

Another possibility is that the company believes you had orchestrated everything and never had intentions of returning. Consequently, they may want you to face the consequences of your actions. Right or wrong, the issue here is ultimately about perceptions; just as you feel cheated, everyone has the right to form their own opinions. It's up to you to determine whether this possibility holds any truth.

Clarifying Employment Terms

In response to Jagadeesh's query, you provided very vague details from your appointment letter: 'may terminate service anytime by giving n days notice or salary...'. One might wonder: is your attitude nonchalant, or do you not possess a copy of the appointment letter (what does "n days" signify)? It becomes challenging for anyone to provide advice based on such a scanty response.

Managing the Current Situation

Regarding managing the current situation, since there is an opportunity to buy out the notice period, I suggest speaking with HR cordially to arrange for this and ensuring the paperwork is correctly handled this time.

I apologize if some of my words have caused offense, but I recommend considering the other person's perspective before taking any action.

Regards,

TS

Thank you, TS. I did not want to copy content from my appointment letter and paste it here, as I believe it goes against citehr's policy.

'n days' refers to a specific number of days, such as 60 days or 90 days. The exact number is not crucial. I am aware that I made a significant mistake by not ensuring clarity in the paperwork. After sending a resignation letter via email, I spoke to my manager over the phone.

I have all the necessary paperwork in order—appointment letter, salary slips, etc., except for the relieving/experience letter and the resignation acceptance letter. I requested a Notice Period buy-out, but the decision lies with my manager. HR cannot proceed without the manager's approval, and my manager has declined the buy-out option.

Thank you.

It's NOT against CiteHR policy to copy & paste—as long as you don't mention names of companies & specific people.

I do know what 'n' in "n days" means—being an engineer, I have used that denotation umpteen times. But that's beside the point. I am not sure on what basis you concluded "That is not important." The response may vary quite often depending on the value of 'n'.

What your HR said is right—unless they get the formal OK from the Manager, they can't veto except under very compulsive circumstances.

You haven't mentioned anything about having written docs regarding your Sabbatical Leave.

Please read again what I mentioned earlier: The company is thinking that you planned it all & you never originally had any idea of returning.

When you decided to look for a job, what stopped you from reviving the same job with your Manager? Obviously, you wouldn't have got the new job without applying, getting interviewed, etc.

So when you broke the news of the Relieving letter with your manager/HR, the impression you created is this [in all probability]: 'she found a better-paying job & after 'using' this company for her sabbatical leave—to keep her options open with this company.'

Just as YOU feel cheated, your Manager too must have felt the same way about you [I was so flexible with her, but all the while she was using my good nature]—the consequences of which you are NOW seeing.

I don't see any option for now, except making peace with your manager & getting your Letters [he wouldn't have changed his/her word & take the current stand that you have to serve the Notice Period after so many months, when KT isn't an issue at all, UNLESS something else has transpired that you haven't mentioned in your Posting OR you inadvertently conveyed something that hurt him].

Another option you have is to contact the Head of HR or the top person in the Company—but no guarantee that it will work, since it depends on the current standing of your manager in the company. If he is very much valued, his word will carry the day.

All the Best.

Regards,
TS