Facing a Job Offer Dilemma: How to Handle Missing Relieving Letters from Past Employers?

Dear Seniors, I am currently working in a bank for the last 5 years as an assistant manager, and I have received a better offer as a branch manager in another bank. The new employer is asking me for the relieving letter from the current employer and two previous employers. However, I don't have the relieving letter from the previous employers because my supervisor asked me to resign due to my underperformance, and I followed the relieving formalities at that time.

Now, the issue I am facing is that I have resigned from my current employer and am serving the notice period. The new employer has informed me that they cannot proceed without the relieving letter from my previous employers. At this point, I am unsure about what steps to take.

Kindly advise me on the best course of action.

Thank you.

You can give a letter of undertaking to the new employer by stating that you will submit the relieving letter(s) within a stipulated time. However, do not forget to follow up with your previous employer to obtain the relieving orders.

Regards,
Bhupesh

Resignation and Relieving Letter Process

You have not resigned. Management has insisted on you putting in the resignation. You can ask the management for your relieving date and when they will provide you with an experience letter.

At the time of the appointment letter, there is a clause stating that you should either serve the notice period or pay one gross. If management relieves or terminates any non-performing employee, in this case, management will pay one month's gross salary to the employee. However, all things depend on the agreement between the employee and the employer at the time of joining.

Facing Challenges with Relieving Letters

You are in a big problem! Next time, check on joining formalities before you resign. I do not see any resolution as such. You have already tried telling them you do not have a relieving letter. That cuts no ice with them.

The previous company you worked with 5 years ago, will they give you a relieving letter? If they don't, then you need to immediately look for another job to switch to. Or speak to your existing employer to see if you can withdraw the resignation.

Ramanathapuram Sales Force

Dear Raman, a relieving letter is your right. If your employer has not provided you with a relieving letter, please lodge a complaint with the Labour Officer.

Thanks and Regards,
Puneet

If you want to terminate your contract of employment and there is no restrictive clause of a minimum duration of service, you can do so after giving due notice. However, many employers are reluctant to issue a formal release letter quickly because they want to retain the best talent at any cost.

You can approach your new employer and produce your resignation letter in lieu of a discharge certificate. Many employers know this reality and allow joining after being satisfied that you are not in two contracts of employment at the same time. For this, you will refuse to accept any salary given by your previous employer.

If your current employer does not relieve you despite your letter of resignation, it amounts to a violation of your fundamental right under Article 14 (right to equality) by way of discrimination and Article 21 (right to personal liberty). You can approach public authorities and also move a writ petition for the enforcement of your fundamental rights under Article 32 of the Indian Constitution as a measure of constitutional remedy before a constitutional court. Other legal remedies are also available for which you can consult a legal expert.

But my sense is that your new employer will agree to your joining after being satisfied that you have resigned from the previous organization and you have no liability there. You will submit your formal release letter in due course after procuring it, which may take a longer time as your previous employer may require some time to absorb the shock of the separation of a talented employee.

Regards,
S.G. Bhattacharjee

Guwahati

Even though your previous employer asked you to resign due to non-performance, if you have completed all your exit formalities properly, then you have every right to ask your previous employer for a relieving letter.