Stuck in a 3-Month Notice Period: Can My Company Deny My Relieving Letter If I Leave Early?

Hi,

I am working in a reputed software MNC and I have resigned from my job last month due to personal reasons. No one in my company gave a notice period of 3 months, and now my company is stuck on 3 months' notice. I have even offered to buy back the notice period, but HR said it is at the discretion of the company, and the company is not willing to offer a buyback option. Regarding handover formalities, everyone knows that it only takes 2 weeks to complete them; even then, they are forcing me to stay for 3 months. Since they know that I can't stay long, they are not giving me any option.

My question is, if I am willing to buy back the notice period and the company is not willing to do so, and if I stop going to the office, can the company refuse to give me a relieving letter? How can one sit at a desk for 3 months just because the company wants to discourage other employees from leaving?

Many Thanks,
CR

Dear Friend,

I think the company cannot have one rule for you and one rule for the others as you said previously it was 2 weeks' notice. How can management's discretion be biased judgment? Maybe the company doesn't want to let you go. Are you involved in any crucial projects or at a level which makes them think twice about your relieving?

If not, are you not clear about the reason for you to get relieved? Nowadays, this is something of significant importance. One thing is for sure, unless and until you have given them anything in writing that you would account for a 3-month notice period, the company cannot do anything. However, I feel as an HR professional, a relieving letter is very important for your future job prospects. It would be better if you talk to your boss and HR once again.

All the best.

Regards,
Srilatha

Dear Sender,

In your case, if you have not served 3 months with your current employer, then they will deduct notice pay dues from legal dues (if the company's rule is to give 3 months' notice) and may not relieve you from duties or issue a service certificate. If your new employer is willing to wait for 3 months, I suggest being there quietly for 3 months. Take your annual leave whenever you feel necessary.

Regards,
Bhushan

Dear friend,

Firstly, please check your appointment letter; there must be some clause specifying a specific period for handing over your allotment after resigning. Kindly insist on receiving your relieving letter.

Rgds,

Dhananjay

Hi,

An organization cannot force employees to stay back once they have decided to leave the organization. The maximum a company can do is deduct your notice pay from the full and final settlement as per the terms and conditions mentioned in your appointment letter; furthermore, they cannot withhold your other payable dues.

If your new company is willing to proceed with your joining without a resignation acceptance letter, you can join without any issues.

Regards,
Rajesh Kumar

Well said by Rajesh. If you have an appointment order which calls for 3 months' notice or payment in lieu, then you are definitely bound to serve notice or pay notice pay. And if you refuse to give, the company can withhold your final settlement and service certificate; the latter is important as far as your career is concerned. This is common, but I do not think that any company will run for an employee who resigned without giving 3 long months of notice or sacrificing 3 months' pay. I have seen letters from the employers warning that they will move to court for recovery of notice pay, but I have not seen any case registered. There may be a few incidents of suing an employee for recovering the notice pay, but such are cases wherein the employee-employer relationship was totally damaged. I prefer, you can have a nice meeting with your employer and ask for a waiver of the notice clause. You will be granted an excuse and with good relation you can leave the organization.

All the best.
Madhu.T.K