How Can My Friend Get His Relieving Letter After Serving the Original Notice Period?

One of my friends was working in a private organization for more than 5 years. When he joined the organization, as per the terms and conditions of the appointment letter, he was to serve a notice period of one month. Then there was a change in policy, which changed the notice period to 3 months (intimated through mail), and if an individual fails to serve the 3-month notice period, he will be treated as an absconder and will be terminated from the services.

My friend did serve the notice period of one month as per the terms and conditions of his appointment letter and joined another organization. However, when he demanded his relieving letter from his last organization, the organization refused it, stating that it is company policy to serve a notice of 3 months, which my friend failed to serve; hence, he will be declared as an absconder.

I know that private companies can change their policies at any time, but these one-sided policies are just against an individual’s right. What can be done next... as my friend wants his relieving letter, which is his right, and does not want to be termed as an absconder as he did serve a proper notice and did not run away or in any manner cheat his organization.

Agreement Terms and Judicial Review

Agreement, whether employment or any kind of service, cannot be one-sided. Such agreements shall be arbitrary and subject to judicial review at the option of the other party.

Severance Clause and Notice Period

As per the severance clause, there might be a 3-month notice period or 3 months' salary in lieu of the notice period in case of termination of employment from either side.

Resolution Steps for Notice Period Issues

Your friend has completed one month's notice period; he can pay two months' notice period salary. Please make a cheque for the equivalent amount and write a simple request letter. Enclose the cheque with the letter.

If the issue is not resolved, you can seek the intervention of labor authorities. It is the duty of the employer to provide a relieving/experience/service certificate to the employee in the event of separation.

Generally, the terms and conditions of the appointment are related to the Company Policy. If the policy changes, it is also reflected in the Appointment Letter. In your friend's case, there was a policy change, which was communicated through email. Therefore, he has to serve a 3-month notice period, or else he has the option to buy out the notice period.

Regards,
Beem

Every organization should have certified Standing Orders. Certified standing orders specify the notice period in case of termination of employment due to resignation. In any case (Shops Act or Standing Orders), this will be one month only. No organization can fix the notice period as per their whims and fancies. In your friend's case, his appointment letter says that the notice period is one month and subsequently changed to three months, which will not stand in the court of law. He can make a reference to the above act and seek his dues and relevant letters from the organization.

Regards,
Sai

Apart from what other members have replied, the employer cannot treat the employee as an absconder for not fulfilling the notice period. In the relieving letter, it can be mentioned that the employee has resigned of his/her own will on [date] and has not completed his/her notice period of 3 months. The employee is relieved on [date].