Stuck in Limbo: How to Handle a Delayed Relieving Letter When Your New Job Awaits

I have worked for my company for more than 5 years and have resigned recently. I am currently serving a 1-month notice period instead of the standard 3 months. I have requested a waiver or offered to adjust the notice period with my earned leaves. However, the real issue is that I suspect my current employer will delay issuing the relieving letter. They seem unwilling to provide any written acknowledgment of my resignation or commit to a timeline for issuing the letter. They have mentioned seeking acceptance from management but have not given any assurance regarding the timeframe. This delay may be due to personal rivalries within the company. With only a couple of days left for me in this company, I am concerned about the situation.

While they are not preventing me from leaving (which would be akin to bonded labor), they are also not explicitly refusing to provide the relieving letter. They are likely aware that I need the letter for my new job and are trying to hinder my career progression by withholding it. I am unsure if a new company, which insists on a relieving letter at the beginning, would consider hiring an employee without one. I am seeking advice on how to navigate this situation effectively.

Please clarify the few things listed below:

1. Have they accepted your resignation, and do you have a copy of the same?
2. When there is a rule of a 90-day notice period, how can you serve a notice period of 30 days?
3. Have they accepted your notice period? Have they given you any kind of letter or commitment regarding the same?

If your answer to all of the above is "NO," then try to convince your existing company or the new one. Tell the whole story to your new employer and try to find a convenient way for yourself.

Another option is to ask your existing employer if they want to retain you and what benefits you would receive if you remain with them.

Feel free to revert.

Regards,
Ravi

I think you need not worry here. Please follow the steps below:

1. Check your appointment letter for a clause that allows either party to compensate for not serving the notice period. (I assume this clause would be included in the appointment letter).

2. Verify if you clearly requested early relieving and if you specified your last day of work in your resignation letter. If not, you can create a supplementary resignation letter referring to the initial resignation letter dated/email dated and clearly state your last working day (assuming you have completed the 30 days notice period).

3. Prepare a handover note listing company documents, emails, resources, etc., that need to be handed over. Give this note to a responsible person (perhaps your manager) and retain a signed copy for yourself.

Important: If your appointment letter includes a clause allowing either party to compensate for not serving the notice period, and if you have agreed to compensate the company for this, then legally, the company cannot prevent you from being relieved.

Regards,
Nanda

Determining Your Notice Period Without Acknowledgment

- How do you determine that you're in the notice period if your resignation is not acknowledged through an acceptance letter that defines your relieving date, exit formalities, and notice period?

Relieving Letter and New Company Expectations

- A relieving letter shall be granted only after the successful completion of your notice period and exit formalities. So, the new company, if expecting a relieving letter at an intrinsic stage, is madness and may not be satisfied either.

Positioning Yourself Safely

- You can position yourself in a safe zone as there are provisions to break the bond, make it null and void, and obtain relevant documents from your current employer.

Requesting Company Assistance

- Just request your company to help you; failing which, you can sue the company.

Understanding Notice Period Acceptance

As rightly said by Adv. Manoj, how can you determine the notice period when your resignation is not accepted at all? You have mentioned that they said they have given it for acceptance from management, but there is no commitment on timelines. What this means is that your management branch has sent it to Corporate Management for acceptance. Please clarify. As far as my knowledge goes, even your unit/branch must have the authority to accept the resignation. Also, let the forum know whether your resignation has been received by the Branch in charge. Last but not least, wait for the resignation to be accepted; send reminders to the corporate office for acceptance of your resignation.

Common Forum Discussions

In general, I have come across many topics discussed in this forum that are based on assumptions rather than the real problems faced, where the members guess that something unusual will happen to them.

It appears that either the company needs you and is not willing to accept your resignation with a relieving date acknowledged, or they are playing with your career (possibly the handiwork of some elements intended to create disturbance). In either case, please send your communications only by registered post with acknowledgment due, which will indicate to the company that this issue may take a turn against their favor should they be complacent and fiddling with one's career. Try to see if you can get anyone close to you at the helm of affairs to sort out this situation amicably. Relationships always matter.

Regards