Can My Employer Legally Stop Me from Leaving Without a Relieving Letter?

Dear Sir, I joined a company XYZ on June 1st. The employer gave me an offer letter, which I accepted. It is mentioned in the offer letter that the "general terms and conditions are as per the appointment order, which will be issued at the time of joining." The employer provided me with an appointment letter a few days after my joining, which I did not accept as the salary condition was not as discussed. HR mentioned that he would revise the order, but so far, he has not done so.

I have now secured another employment opportunity and have submitted my resignation. However, the employer insists that I need to serve a 2-month notice period, threatening legal action if I fail to comply. In this company, I am not allowed to sign attendance sheets as my attendance is recorded by security. I have received salary for the upcoming two months.

Please advise, can the employer take legal action against me if I leave without a relieving letter?

Dear Krishnadas,

Under the provisions of the Indian Contract Act, 1872, the appointment letter is a contract between the employer and the employee. In your case, you state that you did not accept the appointment letter. Since the appointment letter was not accepted, the employer-employee relationship, or the contract between the two parties, is not established. Consequently, the employer cannot impose on you the conditions of employment. Your employer should have exercised caution by timely issuing the appointment letter. By not doing that, he has stepped onto a sticky wicket.

Moving forward, your employer did not allow you to sign the attendance register. Therefore, where is the proof that you worked for them? You may quit the job by stating that the conditions of employment cannot be imposed on you. There is no need to serve a two-month notice period. Your employer cannot take any legal action; they are just trying to deter you.

Since you were not issued an appointment letter, do not submit a resignation letter. Your resignation letter will leave evidence of your employment with the employer. As far as the relieving letter is concerned, your tenure at that company was too short for it to carry any meaning. Before you stop reporting for duties, ensure that a proper handover is done. Make sure you do not possess any company property like a mobile phone, SIM card, etc.

Thanks,
Dinesh Divekar