Is It Fair for Employers to Demand Offer Letters? Seeking Advice on Resignation Concerns

Dear All,

Please suggest: One of my friends has resigned from his company and is giving one month's notice period. However, the employer is asking for the new company name, which he has provided. Now, they are requesting the offer letter as well.

He worked for the company for three years and was a very good performer. Currently, he is concerned about whether he will receive his PF or not, or if they may not provide him with a relieving letter. Kindly advise on what he should do.

Should I advise him to take legal action?

Regards,
Sheela

Yes, he needs to go the other way if nothing is working for him. He shouldn't hesitate to ask for his rights. He has served a notice period and is resigning through a proper process, so his employer doesn't hold any right to demand such things or deny giving a relieving letter. Ask your friend to approach the HR people or legal team and inquire about the reason behind such a disturbing act. If he feels there is no flaw on his end, he should seek legal services.

Thanks & Regards,
Krishna Sati
[Email Removed For Privacy Reasons]

Hi Sheela, No need to panic. Make sure that all correspondence and agreements are recorded and in line with the offer/appointment order. The employer can't deny a relieving letter if the resignation is as per terms. If PF has been deducted till date, no worries, your friend can claim it.

Suggestion for Resolution

The suggestion is not to get into a legal battle. Speak to HR or top management, sort out issues, and try to settle amicably. Keep updates posted here.

Regards

Handling Employer Requests for Personal Information

If the company is asking for such information, ask your friend to politely request the HR department to put it in writing on the company letterhead or email with reasons for the request. If this issue escalates to the labor court, it could be considered harassment of an employee, and the company may face severe consequences. Simply asking for the information in writing on the company letterhead or email should suffice to address the situation.

Regards,
Dr. Sunil Pevekar

If the company is asking for such information and does not agree to issue a relieving letter, ask your friend to talk with the HR Department or top-level management. Inquire about the reasons for not issuing the relieving letter in writing, especially considering the terms and conditions of employment.

Regards,
Kumar Malay Kishor
HR Executive
Superwell Services

Employer Overreach and Employee Rights

The employer is overstepping, and they have no right to demand as stated. In relation to the present employment, the employee has complied with the agreement, and going beyond is out of scope. I suggest your friend demand the relieving letter through speed post. There is no use coaxing with this direction-challenged management indulging in such a callous act.

Regarding Provident Fund (PF)

They cannot detain the PF for whatever reason it might be. Once he gets the relieving letter, the rest can be dealt with appropriately.

Thank you for your replies. He is taking the entire conversation via email. Let's see what happens. I will get back to you with the final decision or conclusion.

Regards,
Sheela

Whenever someone leaves their company, others might ask where they are going, such as to the next company. While it's generally not a big deal to share this information, if there are other issues like harassment, the individual should discuss these matters with top management, such as the GM-HR or DGM-HR.

Steps to Follow When Leaving a Company

First of all, they should send an email to the HR department, stating the relevant reason for leaving and requesting a relieving letter as soon as possible. Hopefully, they will receive a response, and afterward, they should have a face-to-face meeting.

Regarding Provident Fund (PF)

If the company is avoiding their request, they can transfer the PF to the company where they are supposed to work after one month.

Just tell your friend to do the same thing as mentioned above by "consultme." The PF amount will be in the hands of the government, not in the hands of the company. Tell your friend to note down the PF account number, if he has it. He can directly apply at the PF office. Keep us updated here.