Stuck After Resignation: How to Handle Delays in Getting Your Relieving Date?

I have been working in a software firm for 3 years. I have a good opportunity from another firm. My appointment letter has a clause stating that termination can be done by either party by giving one month's notice. However, despite resigning 25 days ago, I have not yet received my relieving date. My present manager has asked me to document all projects done from the beginning. They mentioned that once they are satisfied with my documentation, they will inform me about my relieving date.

A week ago, I documented the projects, but they found no useful information and requested more detailed documentation. After revising and providing additional details, my manager still expressed dissatisfaction, even with work that was not completed by me but related to the projects I worked on. Despite my efforts, my manager continues to ask for more detailed documentation, and I am unsure if my work will meet their expectations. I have discussed this situation with my prospective employer.

I have discussed this matter with my prospective employer. My prospective employer just wants an offer letter and bank statements as proof. So, my questions are:

1. What if I leave at the completion of my notice period?
2. What legal action can they take if I leave?
3. Can they take legal action stating that the work done by me was not proper?

Regards

Understanding Your Job Role and Responsibilities

What is your job role? Are you supposed to document projects and maintain them as per your job description (JD)?

If the employer is referring to work that you have not completed (which you are supposed to finish as per your role), then you need to put in extra effort, finish it, and then leave.

If the employer is trying to spoil your opportunity and, just for the sake of that, has given you some additional work (which is outside the scope of your role), you can express your inability in writing and request them to relieve you. If they are not relieving you upon completion of your notice period, and your prospective employer has already agreed to take you with the offer letter and bank statements as proof of employment, just proceed with that.

Also, please ensure that everything from your side is clear before relieving—this could include official work, gadgets provided by the company, etc.

Try to keep a copy of the physical letter or email from your personal ID, stating that as of a certain date, you have handed over everything. Say thanks and appeal once again to provide relieving and end-of-service papers. If you have a Provident Fund (PF), take the necessary particulars to transfer your PF to the new company.

Keep cool and approach the situation professionally.

Clarifying Job Role and Responsibilities

What is your job role? Are you supposed to document projects and maintain them as per your job description?

1. If the employer is referring to work that you have not completed (which you are supposed to finish as per your role), then you need to put in extra effort, finish it, and then leave.

2. If the employer is trying to spoil your opportunity and has given you additional work (which is outside the scope of your role) just for the sake of it, you can express your inability in writing and request them to relieve you. If they do not relieve you upon completion of your notice period, and your prospective employer has already agreed to take you with an offer letter and bank statements as proof of employment, just proceed with that.

3. Also, please ensure that everything from your side is clear before relieving—this could include official work, gadgets provided by the company, etc.

4. Try to keep a copy of the physical letter or mail from your personal ID, stating that on a specific date, you have handed over everything. Say thanks and appeal once again to provide relieving and end-of-service papers. If you have a Provident Fund (PF), take the necessary particulars to transfer your PF to the new company. Keep calm and approach professionally.

Current Situation and Concerns

I am a software developer. My work is to develop software. Here, projects have been developed for 3 years. I am not the only person who has worked on them; earlier employees left the company. Now I am the only person working on a new project that has been assigned. The manager is asking me to document all projects. Even if I have documented them, he is not happy with it. What should I do if he says so on the last day of my notice period?

Thanks

Please confirm your tenure with this present company - how long have you been working with them? What is your total experience level?

More important than the current opportunity you have in hand is taking care of your overall career.

You mentioned: "My prospective employer just wants the offer letter, bank statements as proof" - do you have them? Please answer the queries; a solution needs to be found for your current situation.

As the saying goes: "There's no problem without a solution; we only need to find it."

All the best.

Regards,
TS

This indeed is a tough call for you—being your first job and having put in 3 years here. Frankly, your experience/relieving letter becomes very important. Even though the next company is okay with the bank statement, etc., you also need to think about what comes after that. Whenever you wish to change from the second company, you will still need these documents.

Having said that, based on what you mentioned, it does seem that your manager is playing.

A Few More Queries:

1. Does your present company know where you are planning to move?
2. What is the company's strength and your project strength (meaning how many engineers report to your manager)?
3. Have you seen anyone being treated the same way earlier, or heard of such situations before?
4. You mentioned your manager asked you to document all the projects—were these instructions verbal or in writing?

Regards,
TS

This indeed is a tough call for you—being the first job and having put in 3 years here. Frankly, your experience/relieving letter becomes very important—even though the next company is okay with the bank statement, etc., you also need to think about what comes after that. Whenever you wish to change from the II Company, you will still need these docs.

Having said that, based on what you mentioned, it does seem that your manager is playing. A few more queries:

1. Does your present company know where you are planning to move?
NO.

2. What is the company strength and your project strength (meaning how many engineers report to your manager)?
30 members. I am the only person left in this domain.

3. Have you seen anyone being treated the same way earlier—or heard of such earlier situations?
NO. All others also documented but were relieved in 20 days.

4. You mentioned your manager asked you to document all the projects—were these instructions verbal or in writing?
It was through mail. I documented and mailed the documents.

Thanks,
TS

First and foremost, suggest asking for more time at your new company to join—maybe a couple of weeks (this is presuming you are running out of time to join).

Prima facie, it looks like your manager is not out to harass you—he is acting more out of desperation than any malafide intent (since you are the only one left).

Suggest mailing him to specify the norms and exact way he wants the documentation to be made—but verbally convey to him that (1) unless you know how he wants it to be done, you can't deliver it the way he wants and (2) you are doing it only because of your concern for the company and since you have a sort of soft corner for him—and definitely not because of needing the relieving and experience letters, since the new company is okay with showing the bank statements, etc. Let this get into his head clearly.

Also, insist on a clear timeframe in your mails—since you need to convey it to the new company. However, subtly also convey that if this goes on and on without any ending in sight, you might decide to just move on at your choice. Let this aspect not look to be a threat but a sort of alert.

Also, since yours is not a big company, maybe you can also approach your MD—to ask him to suggest the best way forward, where both the company and you can handle this issue.

However, please do realize that you do need these letters for your career track record—though your manager doesn't need to know this aspect (else you know the result).

I hope your manager sees reason and works towards a mutually satisfactory parting of ways.

All the best.

Regards,
TS

I have been working in a software firm for 3 years. I have a good opportunity from another firm. My appointment letter has a clause stating that termination can be done by either party by giving one month's notice. I resigned 25 days ago, but I have not received my relieving date yet. My present manager asked me to document all projects done from the beginning. They mentioned that once they are satisfied with my documentation, they will inform me about my relieving date.

A week ago, I documented the projects, but they said there was no useful information and requested more detailed documentation. I documented again, including tasks not done by me, besides the completed projects, but the manager still found it unsatisfactory. I have been asked to provide even more detailed documentation. I am uncertain if he will find my work satisfactory. I have discussed this matter with my prospective employer.

Understanding Notice Period Clauses

Just check what the terms of the appointment are. Does it state that the separation can be done with one month's notice, or does it also state that, "you will be relieved upon satisfactory handing over charge to the person whom the company nominates during the notice period"?

Most companies do not include the handing over clause. When this clause is not mentioned, the employee can leave upon completion of the notice period since it is a time-bound notice period and not a task-driven notice period.

Notice Period Practices in IT Companies

I have observed that many IT companies have a time-bound notice period rather than a task completion notice period, which can lead to issues for both the employee and employer. This is often due to the HR head having a background in manufacturing or consulting lawyers who typically handle cases for manufacturing companies to draft the appointment letters.

Some thoughtful HR professionals have included a project completion clause in the appointment letter, allowing for a more respectful separation based on project completion.

Regards

No, the clauses in the appointment are:

1. Termination can be done by both parties by giving one month's notice.
2. If an employee does not report to duty for more than 15 days without informing, the job will be terminated.

There is no clause mentioned to hand over charge during the notice period.

Thanks

How can I get relieving? I am working in an NBFC in Mumbai. My senior told me to resign and serve a notice for 1 month. I served the notice, but now they are not ready to give me relieving. They told me that my loan customer skipped payment, and until the full amount is recovered from the customer, they will not provide me with relieving. My boss has given acceptance via email for my last working day, but the super boss is not ready for the release. My HR manager seems helpless. Please suggest what I should do.