Facing a Notice Period Dilemma: Can My Employer Withhold My Appointment and Relieving Letters?

I have been working for this company for the past year. Despite repeatedly asking for it, I did not receive an appointment letter. Now, I have resigned with one week's notice. They are requesting me to serve a 1-month notice period; otherwise, they will withhold the appointment letter and relieving letter and provide it after 3 months. The issue is, I am uncertain if they will follow through. I have been informed that individuals in positions similar to mine are not allowed to leave in this manner. I do possess payslips, an increment letter, and a couple of employment statements issued for certain other reasons.

During the past year, I have witnessed several instances of people being terminated without concrete reasons (performance not meeting standards) and without any prior warning or notice. Interestingly, they do provide an appointment letter along with a relieving letter in such cases.

I have received a job offer from a better company, and they cannot wait for a 1-month notice period. The HR of the new company has advised me to obtain whatever I can from the current employer, and they will handle the situation.

At this point, I am unwilling to remain with the current company for another day. I require expert advice on what steps I should take. I want to avoid any actions that could lead to legal issues.

Additionally, can they withhold my PF papers?

No, they cannot withhold your PF, your experience certificate, or your salary. If they do, they can't imagine the big trouble they are calling for.

Understanding Your Employment Rights

If the position was not important, how could they employ you with a contract in place? Are they weirdos or living on Mars? I am so curious to know which company this is (of course, don't write in public, maybe in a private message section).

Firstly, don't serve the one-month notice. Since they did not give you the appointment letter, you are not bound to serve such a clause that was not shared with you.

Legal Steps to Consider

You know what my suggestion is: meet a lawyer/solicitor and send a legal notice to the company. The lawyer will be very happy to help you as the case is in your favor.

The company you work for has acted against all the applicable laws in India, and it seems they have never dealt with any employee like you.

Join the new company and inform them that your experience and relieving letter, if required, will be given shortly as you are settling the matter with your ex-company.

Regards,
Ukmitra

Dear GVStemp,

You can share all the facts with the prospective new employer and seek advice from their HR department. I am confident that once they are informed of the facts and review the documents you have mentioned, they will be able to make a decision and potentially offer you a position.

V. Raghunathan

Legal Considerations When Resigning

Legally, nothing much can be done by the company if you hand over all assets/documents of the company along with a brief of your work status. Give a proper written resignation (not an email) to convey your intention to sever the employer-employee relationship from [Date] and try to obtain acknowledgment.

Questions About Your Designation

What is the "important" designation you worked in? (Important as per the company but not important enough to provide an appointment letter before employing you.) What learned member Shri Raghunathan has told is important.

New Employment Without a Relieving Letter

If your new employer has no problems in hiring you without a relieving letter, then there is no problem.

Advice on Resignation and Notice Period

Never burn your bridges. Please do not resort to any legal action! This is just the beginning of your career. If not today, after 5 years, your reference checks can do more damage than good to you. You may win a battle but lose the war! Please serve the one-month notice, which will pass like a jiffy. Negotiate for the employment contract and relieving letters. Somehow make your new prospective employer understand your situation, and they will surely wait for you! A one-month joining period is a normal waiting period and a trend in the industry!

Regards,
Santosh

Without contradicting other members on the options you may have, I suggest also looking at the issue/situation from another perspective. You have worked here for 1 year, while the new company would surely be happy to have you onboard without any relieving documents. After all, their job is done the moment you join them. It's you who needs to think if this is the best option for you.

Covering a career gap of 1 year later on, say 1/2/3/4/... years down the line, would be tough for you, and in all probability, would create situations for you to fake/lie about the gap. Getting the relevant documents for this 1-year experience later on would be next to impossible.

I suggest giving this some thought and taking your decision. At the end of the day, it's your career and life. The members can only give you leads to the options available.

All the best.

Regards, TS