Stuck in a Notice Period: Will Leaving Without a Relieving Letter Affect My Future?

Hi everyone, I am new to this site. Right now, I am in a big confusion. My query is: "I have a total of 2.3 years of IT experience, and I have been working with my current company for the last 7 months. This company has a 60-day notice period. Recently, I have received an opportunity with another company, but they are asking for immediate joining. I have completed around 40 days of the notice period here, but the issue is that they are not relieving me before the 60 days. If I leave this company without a relieving letter, will it create any trouble in the future? Any help will be appreciated. Thanks.

Regards

Hi Tanishak,

First of all, if possible, talk to HR and complete the notice period. Your new HR will likely ask you to submit a scanned copy of the relieving letter from your previous employer as it is a part of the joining formalities. If completing the notice period is not possible, you can request your new HR to accept your salary slips and appointment letter from the previous employer as proof.

To sum it up, everything now depends on the company's policy. In the future, please try to avoid repeating such mistakes.

Regards,
SimplySonu

Hi SIMPLYSONU7288, thank you for your valuable advice. My new HR is okay with the current company salary slips and acceptance letter. My confusion is, will it create any problems in the future, like during background verification?

If your current employer insists that you have to serve the remaining notice period, then you can say that you are willing to pay for the remaining notice period in lieu of serving it, which will be allowable under the law. This way, it won't affect you or your employer. Therefore, you should write a letter to the Head of HR, conveying your position and informing them of your willingness to pay for the remaining notice period instead of serving it.

With Regards,

Mr. Thumbs Up

Hello KUMARAN PRAVEEN, thank you for the valuable advice. I have insisted to my HR to pay for the remaining notice period in lieu of serving the same, but they are still forcing me to stay for 60 days. What should I do?

Hello Tanishak,

Actually, the HR cannot force you to serve the notice period when you have agreed to pay for the remaining notice period. He is liable to give you a service certificate. If he denies this, legal action can be taken against the organization.

When your new employer is asking you to join immediately, you can also recover the notice period amount from the new employer.

If there is no provision in the offer/appointment letter to buy out the period short of the notice period, you will have to abide by the 60-day notice period. Regarding the trouble of leaving the company without a relieving letter, you can expect your career to be jeopardized due to dual employment if you take up another job without formal release by the current employer. You may face termination or other disciplinary actions for unauthorized absence from duty. This incident could also impact your future job opportunities.

Hi Mr. Tanishak,

As Mr. Vijay Kumar said, your employer cannot force you to serve the notice period. However, you have to find out why your employer is not relieving you early. This will help you find a solution. For example, they may not have found a replacement for you yet, which is why HR is asking you to serve the notice period. Therefore, I suggest you find out the reason so that we can find a solution to this issue.

With Regards,
Mr. Thumbs Up

Hello, Mr. Dingra, thank you for the valuable information. I would like to share the exact clause in my offer letter: "You may terminate your service at any time by giving a 60-day notice period or basic salary in lieu thereof (60 days' notice will apply during probation and post-service confirmation). The notice salary in lieu of the notice period would depend on the work status assigned to you, along with other contingencies, as described by HR and your reporting manager."

Please help me.

If you have conveyed your situation to both HR and are abiding by the rules in your current company, it will not affect your future. For that, you should follow the rules and regulations.

Notice Period and Relieving Process

As per the law of your current company, in order to get yourself relieved, you can either complete your remaining days of the notice period or pay for the same. They cannot force you to do anything when you are following the rules.

Communication with Future Employer

Also, talk to the HR of the company you are going to join. As they are asking you to join immediately, inform them about your company's rules and regulations regarding the notice period. In the case of getting relieved early, you may receive wrong feedback from your current employer, or it may just spoil your image unnecessarily.

Maintain Good Relations

Never spoil your relationship with HR or your employer, as it may affect you in the long run. Follow the rules, make yourself clear, and document it either by mail or in writing. Your future is saved.

Regards,
Soniya

Hello Soniya,

Thank you for the information you have provided to me. I have spoken to my new HR, and they are ready to accept my application. However, my current company is not willing to provide me with a relieving letter. I have an acceptance letter and salary slips as proof. Despite my numerous requests and offers, including giving up my full month's salary and working weekends to complete my remaining days, they are not agreeing to provide the relieving letter at any cost. Any help in this matter will be greatly appreciated.

Thank you.

If you decide to leave the job, you may not receive your full and final settlement, which may be acceptable to you. Before you leave, send an email detailing all the reasons and discussions you have had verbally with your HR. Keep a copy of this email so you can provide it if necessary.

As you mentioned, your new company is willing to accept you without a relieving letter, so you are good to proceed. In the future, the companies you work for may not require a relieving letter from your current company. If they do, you can show them a copy of the email. Therefore, there is no need to worry.

Best of luck.