Stuck Without a Relieving Letter: How Can I Legally Address This HR Delay?

Dear friends,

I resigned on the 4th of August '17 from my position as a Manager in a telecom company and completed the two-month notice period until the 4th of October '17 in line with the company's regulations.

After receiving acceptance of my resignation, I accepted employment with another organization. However, upon following my current organization's advice to inquire about my relieving letter, I was shocked to learn that it has not been processed yet due to pending approval from my Reporting Manager.

I urgently need to submit my relieving letter, and my Full and Final settlement has also not been completed due to this unwarranted delay by the company. This delay is causing difficulties for me in complying with my current organization's policy on submitting the relieving letter.

It is extremely insensitive of the company to withhold the necessary approvals for over 70 days after the end of my notice period, putting me in such a challenging situation. After being associated with this organization for 9 years, being treated in this manner is disappointing.

I request your assistance in resolving this matter, and I am prepared to take legal action for the mental stress caused by the actions of the company's HR department.

I seek your support and suggestions on how to proceed legally.

Yours sincerely,
Hasini

Contact your old company. Give a written request for Full and Final settlement and a relieving letter. Meet them personally. Keep your new company informed about any delays in paperwork. If necessary, escalate the issue from the HR department to the Director level of your old company. Only consider legal action as a last resort if all other attempts fail.

This is the sad outcome of the alignment of HR with business. In many companies where HR is too aligned with business, they lose their own independence and identity. I am sure your reporting manager's connivance is also there.

Formal Acceptance of Resignation

One question, did they formally accept your resignation and convey their acceptance formally?

Steps to Obtain a Relieving Letter

First, speak to the concerned HR Head of the past company. If they issue the relieving letter (RL) immediately, then no issues. If they do not issue it, write an email to the HR of your former company with a cc to the CEO, your erstwhile manager, and your current manager. Explain the complete facts without making any negative comments or undertones. Also, explain your necessity for the relieving letter and quote the exit clause fully from your appointment order/letter. Request for immediate issue.

Legal Recourse

Wait for 7 days. If you do not get the letter, contact a good advocate who deals with such matters and take legal recourse.

Warm Regards,

Bharat Gera HR Consultant [Phone Number Removed For Privacy-Reasons]

Dear friend,

Usually, it happens in many HR departments when employees leave the organization. Therefore, when leaving, you need to obtain clearance and hand over a copy so that if any issues arise regarding the handover of responsibilities, you are not blamed. By ensuring you have completed this process upon your departure and have a copy for reference, you can address any potential concerns raised by others. If this step has not been taken and there are still ongoing issues, it is advisable to discuss the matter with the respective labor department to seek resolution.

Warm regards,
Sagar B S
8123975499