Stuck Without a Relieving Letter After Resignation: What Can I Do Now?

Hello,

I worked for an Indian IT firm. My company has a notice period of 1 month. I resigned and requested an early release, offering to submit one month's pay in lieu of the 30 days' notice. Despite my efforts to negotiate for an early release, it did not go well. I had specified a date after which I could not continue. When that date arrived, I informed them that I would not be in the office from the next day and ceased going to the office.

Currently, I have not received the relieving letter or resignation acceptance letter. I would like to know what options I have.

Thanks

I presume you had resigned to join another organization in India? If yes, did you tell them (during your interview) that you were required to give your current organization one month's notice, but yet they insisted on your joining early? If that is the case, your new employer should accept an undertaking signed by you, stating that your previous organization did not issue you a relieving letter, and that you had cleared all your financial dues before leaving the said organization, had surrendered all the property belonging to the previous organization (including identity card and swipe card), and you will be personally responsible for any action initiated by the company for non-clearance, should one be initiated on a later date.

Also write an email to the previous employer, stating that you had given your notice of intention on so-and-so date, and were prepared to pay for deficiency in the notice period as stated in your original appointment letter (I guess it states so?), and that you are/were not in a position to continue beyond the stated date, that you had cleared all the known dues and had surrendered all the property, and that you had handed over your duties to XYZ (Hope you have done that) etc., and request them to issue you a relieving letter and send it to your postal address. Also state therein that you are prepared to go to them for a couple of hours on any day mutually convenient to clear pending issues, if any. This should absolve you of any responsibility on account of the lack of a formal relieving letter, and a copy of this can be given to the HR department of your new employer as well.

Please let the forum know if your original appointment letter from the former employer contains any restrictive clauses regarding shortfall in the notice period, except for cash payment in lieu, so that the seniors can offer their opinion regarding the same.

Hi,

I have submitted my resignation to my employer on 27th December and requested to be released by 7th January 2008. My appointment letter states that "your services may be terminated by giving one month's notice by either side."

However, my employer is not eager to release me, and I no longer wish to continue working there. I now require a release letter to submit to my new employer.

Please advise.

Dear friends,

I have been asked to solve this problem by one of my friends. He is in this company and wants to leave. Their company has a very high employee turnover because the reporting boss, who incidentally happens to be the Jt. MD of the company, is a tough lady and nobody can gel with her. In other words, she misbehaves with everyone and finds no one appropriate. This friend has been with the company for over 13 years and has been doing very well looking after the entire Western zone. However, lately, for a year or two, there has been an ego clash with this Jt. MD, whom nobody can question. As a result, my friend has finally put in his papers.

My friend is worried about two things:
i) whether he will get a release or not because all the people who have left the organization in the past have not received a release from the company.
ii) This enables them not to pay the gratuity dues, which they have done with at least 3-4 employees who had more than 7-8 years of experience with them.

How can such an organization be taught a lesson? How long can they play with an individual's future? I was really shocked to hear this.

Please revert.

Ann M

I think you must convey to your present employer about the situation. They may allow you to join after verifying the resignation with the previous company. Alternatively, you may fax the resignation again, quoting old references to the previous company as a record of non-employment with them.

Shiv

Dear Ann,

Gratuity is a statutory right of an individual if he/she works for more than 5 years for the same organization. The payment of it does not depend on the whims of any egoistic lady. So far as relieving notice is concerned, it is better to give a legal notice in the name of that lady.

Regards

Hi,

It is very clear that you have served a notice period of one month in your previous organization. I am really astonished to hear that after serving a notice period of one month, your employer is not relieving you. They are violating the rules of the company, and moreover, you can put forward the issue in front of the higher management and can pressurize them to get your documents at the earliest.

Meanwhile, you can explain the situation to your present employer and can give an undertaking stating the problems regarding your relieving letter. I am sure that this way you can continue in your present job without any problem, and meanwhile, you can force your previous company to get the documents prepared.

Thanks,
Kiran

Hi, I had worked with IGSL BPO in Gurgaon and received the relieving letter, which I lost in a road snatching incident. I want my original relieving letter from the company again, but the HR is saying they can only provide a duplicate, not the original. Please guide me on the right path.

Hi Ann M,

This is in response to the issue that you have raised regarding relieving. I understand your agony and our desire to take it out on the organization. Don't worry; in every conflict, the cost has to be borne by someone. If the Jt. MD is so powerful and whimsical, the organization is doomed to be destroyed in any case. You don't have to do anything. Simply watch as it crumbles or until she is removed. Either one may happen sooner than you think.

Now coming to your questions:

1. If there are deepest suspicions that the relieving letter will not be given, ask your friend to send a copy by email from her private mail-id and save it carefully both in hardcopy and softcopy. If this is not adequate, send a copy of the resignation by speed post for the record. Later, the company may usually adopt a tactic that there was no resignation in the first place and that the employee had deserted the job. This is as despicable as it can get. However, sometimes, there are people like this. Once the resignation has been tendered on record and due notice is given, you can then demand relief and will be justifiable in precipitating the issue.

2. Regarding Gratuity, under the circumstances you have mentioned, the law is clear. The Joint MD, however powerful she may be, is not above the law, and therefore you need not worry at all. Gratuity is guaranteed under the law. The company cannot either deny or withhold it even against notice period dues.

3. Please ask your friend to have the records right as evidence. An application for gratuity if any in that organization may also be filled and properly submitted, and a mail confirming compliance can be sent from a personal mail-ID.

Hope you will succeed. Best of luck.

EIRVALSA