Facing Job Transition Challenges: Can a Termination Letter Replace a Relieving Letter?

Employment Termination and Relieving Letter Issue

A person was working with one bank and then secured a job in a bigger, better bank. Meanwhile, after obtaining that job, his current employer terminated his employment due to his absence for 58 days. They sent him a notice a month ago, asking him to rejoin within a month and explain why they shouldn't terminate his job. Although he didn't return, he did explain the reason for his absence via email. However, they are not considering the email as a valid response. Additionally, although he submitted his resignation, they are stating that the one-month period is over and the termination process has begun.

Relieving Letter and Termination Letter Concerns

The issue here is that while joining the new job, he is required to submit a relieving letter, which he won't receive if he is terminated. What can be done in this situation? Will the termination letter serve as a substitute for the relieving letter since it will state that he no longer works with his previous bank? Since he has already secured the new job, will the termination affect him in any way?

Career advancement and employment separation

Career advancement is a natural urge for everyone, and if it was so for this "guy," then he was no exception. Nevertheless, upon getting a new job, the abandonment of his current employment was nothing but effrontery. He could have checked the terms mentioned in his appointment letter (not an offer letter, please note), served the notice period, and left the job honorably. By suddenly ceasing to report for duties, the "guy" has brought ignominy to this separation. His sudden exit may not only jeopardize his employment in the new company but could also nullify his tenure in the previous company. This is because if he is not issued a Service-cum-Employment Certificate, then he will not have proof of employment. If it is issued, but the remarks column states "Services Terminated because of Voluntary Abandonment of Employment," this type of certificate will hold no value in the job market.

Legal implications of employment abandonment

Legally speaking, abandonment of employment is misconduct, and his company should have ordered a domestic inquiry. Since the termination is without conducting an inquiry, it is legally challengeable. However, proving it would be quite arduous. Secondly, there is no guarantee that the court verdict could be in his favor!

Lessons and possible actions

From the entire episode, the lesson that this "guy" can learn is not to make unwise and undue haste. At this stage, the only option left for him is to talk to the HR of the current company and seek a waiver from the submission of the employment certificate. However, how far HR will show clemency to this demand remains to be seen.

Thanks,

Dinesh Divekar

Termination letter vs. relieving letter

A termination letter is not a substitute for a relieving letter. I feel that if the individual shows his termination letter to his new employer, it may jeopardize his new job. The new employer might have serious concerns about the employee's commitment and ethical approach. While there are many posts about the wrongs companies do to employees, professionals like this individual also need to understand that what he did was absolutely wrong and unethical.

Importance of proper exit process compliance

Every professional has the right to build their career and grow in life, but jumping jobs without proper exit process compliance and breaching terms stated in the employment contract, just for better perks, benefits, or brand, does not help in the long run. It may not be written in management books or be considered the professional approach, but in situations like this, the individual may consider writing an apology letter to his last employer, acknowledging his immature behavior and seeking support. After that, it is solely up to his past employer to decide how they wish to proceed.

Termination Letter and Relieving Letter

A termination letter and a letter of acceptance of resignation will not substitute for a relieving letter. A relieving letter certifies that the individual has handed over their duties, documents, and assets intact and has no liability on the date of issuance of the letter. If the future employer demands it, the individual will have to submit the same. Unfortunately, some people who are not courteous fail to foresee all these requirements and neglect their obligations when they find another source of employment. In this case, the individual has already burned the bridge; now, they must appeal for a relieving letter.

A termination letter does not replace a relieving letter. It is important to serve the notice period. After serving the notice period, if an employee does not receive the relieving letter, they can write another request letter mentioning that they are in need of the relieving letter and that the notice period has been served. In any case, communication should be via email, and if unsuccessful, consider sending it via registered post.

It is also advisable to inform the next employer that the relieving letter may be delayed but it is assured. In my career, I have relieved employees within one month as they have contributed to the organization.

If we mistreat a resigned employee, they may not consider rejoining if needed. A disgruntled employee can harm the business as they progress in their career, and other employees may interpret the situation differently. Employee development and multi-skilling can address issues for both employees and employers alike.