How Can I Get My Relieving Letter When My Previous Employer Refuses to Provide It?

Issue with Receiving Relieving Letter and Documents

I have been working in a company for around two years. I was tormented by my senior, and I escalated the issue to management, but they did nothing. Finally, I resigned citing personal reasons and asked them to release me immediately with a buyout option, which they accepted. The following week, I received a new job offer, which I accepted.

Now, my previous employer has learned that I have joined another company, and they are unwilling to provide my documents.

HR Department's Response

The previous company's HR department states: "You cited personal reasons for leaving and joined a new company. You signed a contract to serve a 2-month notice period. If you want your documents, return and complete the notice period."

Contractual Agreement

According to my contract: "Either party can terminate the employment by providing an advance notice of 60 days to the other party or payment in lieu of notice."

I have resigned, completed all clearances and exit formalities. I served a 2-week notice period and paid for the remaining notice period. On my last day, they assured me that all documents would be couriered to my address. I am eager to receive my documents.

Next Steps

The previous company's HR representative is unwilling to discuss this matter. Should I write her an email? If she does not respond, can I approach the senior HR in the USA?

Please advise.

The type of documents possessed by the previous employer was not specified. As per the Human Rights Act, nobody can force or bind any other person to work with them. Contracts have been abolished by the Government of India. You should go to the police station and file a complaint against them for harassment and illegal possession of documents.

Thank you.

Issue with Obtaining Relieving and Experience Letters

My previous company is not ready to release my relieving letter, experience letter, final settlement, or last payslip. They accepted my resignation, and I've paid the notice buyout amount. I've joined a new company now, and the only document I have is my resignation email. I've completed all exit formalities. Just because I've joined a new company, they are not giving me my documents and are threatening me. If I take legal action against them, they will create more problems for me. Even after the buyout, they are asking me to come back and serve the complete notice. Can they really do something to spoil my career?

Regards,

You have resigned, completed all the clearance and exit formalities. You've served a 2-week notice and have paid for the remaining notice period.

As per your query, "Have you paid for 44 days of salary?" Did you make the payment in cash or by cheque? If it was made in cash, have you obtained a receipt of the payment? Finding a receipt for cash payments is beneficial. If payment was made by cheque, do you have the cheque number that you provided to your previous employer? If yes, please communicate with your HR Team and inquire clearly whether they will provide all the relevant documents or not. If they refuse to provide these documents, you have the option to lodge a complaint against the organization.

With Regards

You can go and approach the labor court. File your complaint there, and you will surely get the right solution. The real fact is no employers like to spoil their company name, and none want to face this kind of labor issues in labor court. Mostly, laws are favorable for employees, and you have proof in your hand, so definitely, you will get all the documents.

Importance of the Reason for Leaving

My previous employer is stuck on the point that I gave the wrong reason for leaving. Is the reason really that important?

Procedure to Raise a Labor Complaint

What is the procedure to raise a labor complaint?

File the case in the Labor court with the help of an advocate. The advocate will file the complaint on your behalf and speak in favor of you. Choose an advocate who has experience with labor cases and labor laws.