How Can I Legally Obtain My Relieving Letter to Avoid a Career Gap? Seeking Advice and Costs

I worked for a BPO Company in Chennai for 17 months, with my last working day being in June 2013. Due to personal reasons, I applied for resignation through the internal tool, stating that I could serve only a 1-week notice period. I quoted the start and end dates and informed them that I was ready to pay any amount to get relieved. However, none of them called me for a discussion related to this for four days. Later, I spoke to my HR and her reporting HR manager, but it was of no use. Even my accounts manager and process owner did not accept to relieve me.

Since I had no other choice, I left the job without realizing the importance of a relieving letter. After a few months, I mailed the Settlement team for FNF (I had 20 days of my salary with them and also had a 10-day leave balance). They deducted all that and informed me to pay 300 Rupees more to clear the dues. So, I took a DD and sent it to the company. Later, they sent me an EXPERIENCE Letter stating the reason for separation as Termination (Job Absconding), even though I informed them about my resignation and cleared all dues. This is the reason why I am completely unhappy.

Even though I intimated them about my resignation, none of them accepted it. But my offer letter clearly states we can serve a 30-day notice period or opt for a payout option. However, the company didn’t provide me with the payout option. After working with that company, I took a 12-month break, so if I don’t get this relieving letter, there will be a 3-year gap in my career, which will be a big problem. I am already losing all MNC opportunities the moment I say I don’t have a relieving letter.

I request everyone here to please guide me on how to get the relieving letter from my company. Is there any option to proceed legally? Will I face any problems due to that? Please let me know the approximate charges (fees) if I wish to proceed legally.

Needless to say, it was your fault for offering only one week's notice and then asking for the required amount. You should have the letter of appointment which should contain the provision for giving notice or paying in lieu of notice at the time of termination by either party. If you had paid attention to this earlier, the current situation could have been avoided altogether.

Now, the only solution is to personally contact the management team, explain the difficult situation you find yourself in, and seek their guidance and support.

Good luck.

Regards,
S.K. Johri

This is a case where you took for granted that the company would relieve you after one week. The company has the full authority to refuse to reduce the notice period and demand your full presence in the office. An employee cannot simply decide one day that they need to leave the company and feel that one week is enough, expecting the company to accept cash for the remaining period.

Also, has the company replied to you in any way indicating that they have accepted your resignation? Sending an email will not help if you have not obtained their approval. If the answer is negative, they can consider this an absconding case. Your casual attitude towards your job has worsened the situation. Now, all you can do is go to the company, explain the scenario to HR in which you had to leave the job, and request them to issue you the relieving letter.

Regards,
Ashutosh Thakre

S.K. Johri & Ashutosh Thakre have given you the ONLY choice you presently have (unless you figure out a way to justify a 3-year career gap). I suggest learning from your mistake and moving on in life. A job in any company is not like entering a movie theater, watching the movie for some time, and deciding you don't like it, and walking out without any qualms. This comparison may be impolite or atrocious, but that's what, in effect, you have done. The small difference in both cases is: you lose the ticket money there, and here you not only lose the benefits/salary but also the experience documents. All the best.

Regards,
T