Stuck Without a Relieving Letter: Will It Affect My Friend's New Job Offer?

Hi all, one of my friends is currently working in an MNC. He has received an offer from another company and has already resigned from his current position. However, his current company is not providing him with his relieving letter. His manager has requested his offer letter, which he has sent. Will this pose any problems for him in joining the new company?

You cannot be illegally retained by your current employer in the following cases:

1) If you have served the notice period in writing as per your current company policy.

2) If you have handed over your charge to the concerned authority or at least asked them to take the charge in writing.

3) If you have intended to complete the exit formalities in writing to your reporting head.

I emphasize using "in writing" to ensure that if they do not release you on time, do not provide a relieving letter, or have pending dues, you can retain the written documents as evidence to legally claim them by approaching the local governing body for disputes.

Presenting your offer letter will not be an issue unless your manager engages in unethical behavior, such as providing false information to the new company about your performance, behavior, or other aspects.

Another way to address this issue is to speak with the HR of the new company, express your willingness to join, and explain how your past company is causing issues with your relieving process. If you are transparent with them and have completed all your formalities with your current company, the new HR will likely assist you in resolving the matter.

Hope this information is helpful.

Best regards

Employment Agreement and Resignation Terms

Is your job based on an agreement? What are the terms and conditions of your employment agreement? What does the agreement say about resignation? Have you complied with those terms?

Employee Resignation and Relieving Process

If the employee has resigned from the company as per the conditions in the appointment letter, i.e., if he has served the notice period, returned all the properties of the company, and has settled all the dues (loans if any), then the current employer cannot retain him and should relieve him immediately. If he/she has not met the conditions of the contract, then the employer cannot relieve him/her unless the conditions are met.

Handling Exit Formalities in MNCs

MNCs generally have clear-cut rules and exit policies. Please check whether you have followed them. If you hold charge of company files, property, etc., speak to the HR department and keep correspondence in writing. There is no harm in showing the offer letter of the new company. Legally, if you complete all the laid-down exit formalities, an MNC cannot and will not hold you up.

I have faced a similar situation. Based on a good understanding, there was an oral agreement to continue the services until a new employee takes over. Everything went on smoothly as I kept my commitment. However, my relieving order got delayed by 15 months and has put me in an unexplainable situation. Now I am forced to handle this issue through legal proceedings.

Steps to Handle Relieving Letter Issues

In your case, please be sure that you have produced the documents needed in this situation by the company in full and received acknowledgment for the same. Similarly, ensure that all your clarifications to HR, either orally or in internal written mode, are supported with a mail confirmation as proof of your actions. Send an email with a request for a delivery report and document it in your file for future use.

Bring your interactions with your supervisor and his unreasonable demands in writing to the notice of HR in a very polite manner. Also, make it clear that it doesn't comfort you to share the new company details with them at this moment, and they need to treat him with dignity as a guide to existing employees.

Regards