Stuck Without a Relieving Letter: How Can I Convince My Old Employer to Help?

Hi everyone, my old employer says that the letter of acceptance of resignation is equivalent to a relieving letter, so they won't issue a relieving letter. They may also not accept my request as they are currently upset with me for leaving them during difficult times. However, my new employer requires a relieving letter.

I am concerned about this situation. Am I in trouble? What is the best way to resolve this issue?

Thank you.

The problem is the relieving letter (confirming that I am free of all dues, obligations, and duties of the previous company) and not the experience certificate, for which I should present the salary statement and appointment letter. Can the new company, which has been adamant about requiring a relieving letter from the beginning, be convinced to accept a resignation letter instead? Everyone, please reply urgently as I have not yet received enough advice on this website to take any action.

Once the resignation letter is accepted by the employer, they should relieve you. If they do not, please request the HR to relieve you. It is better to settle things amicably.

Regards,
Naresh Gadde

It much depends on the language used in the letter of resignation and whether the notice period confirms the requirements of the appointment letter or the terms of the contract, which contain the service conditions. If you have mentioned in your resignation letter that you may be relieved by a specific date, and your resignation has been accepted by the employer, and they have issued a letter of acceptance of resignation as you have mentioned, then even if they don't issue any relieving letter, it should not bother you. You can produce your letter of resignation and the acceptance letter of the resignation before your new employer.

As regards the experience certificate, you can produce your appointment letter plus other documents mentioned in the preceding paragraph, which can count your years of experience. You can explain the whole circumstances and the reasons for the non-production of the relieving letter to your new employer. I am hopeful that they will surely allow you to join their company.

Wishing you all the best for your new assignment.

Regards,
BS Kalsi

I am facing an issue where I have obtained an acceptance of resignation letter from my previous company, which they claim should suffice as the requirement of a relieving letter. However, the new company has made it clear that they require only a relieving letter, possibly a week after joining. Unfortunately, the old company seems to have ulterior motives and is trying to frustrate me.

Steps to Handle the Relieving Letter Issue

I am unsure of what steps to take in this situation. Will I face any problems if the old company refuses to provide a relieving letter? Would pursuing legal action be a viable solution to this problem?

Any guidance on how to handle this situation would be greatly appreciated. Thank you.

Can you please mention the full letter that was given to you by your present company—minus the company and other details? Like BS Kalsi mentioned, wording matters a lot in such situations. While the words "Relieving Letter" and "Experience Letter" are the standard ones used, some companies also have other terminologies in use. Please mention the full content without the company name, and the members should be able to guide you better.

Another thing—you mentioned, "old company does not have good intentions and wants to frustrate me." Do you have any reasons to say this, or are you just saying this because you are not getting this letter? Your response to this aspect could have a bearing on any solution. I am not sure how you got the impression that going legal will solve this problem.

All the best.

Regards, TS

I have already mentioned that a resignation acceptance letter and a relieving letter are not one and the same. They are different. I have posted my view towards a query received by another member.

Difference Between Resignation Acceptance Letter and Relieving Letter

A resignation acceptance letter is just an acknowledgment letter from the Department Head/HR Head that your resignation letter is received by the company. This can be received by you on the date of commencement of your notice period. However, a relieving order is issued by the company. This is a written order from the management stating that you are relieved on [date] at the closing hours of business from all the duties/responsibilities assigned to you by the management. This will normally be issued after completing all your separation formalities, including the submission of No-dues certificates from all departments of the company to the HR/Admin department.

Even if you have received a resignation acceptance letter, please insist on a relieving order and a service certificate.

Thanks,

R K Nair

The demand of a new company for a relieving letter is out of ignorance of the law. Once your resignation is accepted, your employee-employer relationship is over. The acceptance of resignation itself means you are relieved from employment. No law provides for a separate relieving letter. As per Model Standing Orders, now you can only demand an employment certificate and nothing else.

Regards,
Sameer Paranjape, Advocate Labour Law Consultant, Pune [Phone Number Removed For Privacy Reasons]

As you have clarified in your subsequent mail that you have managed to get acceptance of the resignation letter from the previous company, and they are saying that it should suffice the requirement of the relieving letter. Since the new company has given you the option to join their company and produce the relieving letter within a week after joining, in my opinion, you should not waste your time stressing yourself about the relieving letter; instead, join them. I think that one week's time is sufficient to develop mutual relations and showcase your talent in your performance. It is possible that they may not insist or forget about the relieving letter.

Regards,
BS Kalsi
Member since Aug 2011

I am not in a position to fully agree with your viewpoint. Acceptance of resignation does not always mean that an employee is relieved from employment. Your view is 100% correct if the employee concerned is a probationer (undergoing a probation period).

However, for a confirmed permanent employee, the case is different. For a senior management personnel who, as per his terms of employment, is required to give three months' notice period, he will receive the resignation acceptance letter (if he desires to work during his notice period) immediately after submitting his letter of resignation. He will get his relieving order after three months only.

Thanks.

Regards,
R K Nair