Stuck in Notice Period Limbo: How Can I Legally Leave My Job and Get My Relieving Letter?

Hi Team, I have resigned from my company and joined another, but they are not willing to release me without completing a 3-month notice period. In my appointment letter, it is clearly stated that I must give a notice period of 3 months or pay the equivalent salary. I have already sent emails to the management and HR, but they are not willing to release me. Therefore, I have decided to leave the company without a relieving letter. They are also not ready to take back the laptop, so I have placed it in the IT room and informed all relevant parties. Unfortunately, my boss is not willing to release me. I started at the new company on June 28, 2016, and now I am attempting to obtain my relieving letter and full and final settlement from my previous employer.

My Questions

1. Would it be illegal to leave without completing the notice period, or is there another way to resolve this situation? Can I take legal action against the employer?
2. How can I obtain my full and final settlement and relieving letter?
3. To whom should I address my email now that I am seated at the plant but report to the corporate office - the plant HR or the corporate HR?

Thanks,
Anurudh

As you have already signed the appointment letter where a notice period of 3 months was clearly mentioned, and you left without serving the notice as per the appointment letter, there is no point in filing a case against them. In fact, if they wish, they can file a case against you.

There is no way out. You have done wrong. Remember one thing, and that's advice from my side: if you decide to leave any company, then before leaving, at least serve the notice period as stated in the appointment letter. If you want your notice period to be waived off before leaving, make a formal request to your HR and reporting head, and only upon their acceptance, should you leave the company. Always depart from any company on good terms because you never know when you may need their help in the future. So, always maintain a good relationship with every employer you work for.

You have not mentioned in your draft whether you have given three months' notice to the company before leaving. The write-up indicates that you may be at fault in some way. If it is specified in the Appointment Letter that you must fulfill the company's duties, then you are bound by that. As HR_ROY mentioned, you could have discussed with your HR Head the possibility of waiving the Notice Period by handling the situation sensibly. If you had done this, they might have understood and made provisions for your early departure. It is important not to damage relationships within the company. Remember, this is not an entirely negative situation. You can request the HR Head to consider your resignation and provide you with a relieving letter and any other necessary documents. Apologizing and managing the situation gracefully will benefit you. All the best.

Thank you for your valuable reply.

I have already served the 55 days. I sent 5-6 emails requesting my relieving and full and final settlement, but I did not receive the relieving letter.

Afterward, I accepted another job offer.

Hi,

You can contact a lawyer and send a notice to the company since there was no response from the HR team.