Facing Trouble Getting a Relieving Letter After Leaving for a New Job – Any Legal Advice?

Dear All,

I joined a company on 21st August 2017. After receiving a good offer from my previous employer, I decided to leave the company and submitted my resignation on 17th October 2017, which was less than 2 months after joining. I did not disclose my new offer and informed them that I was leaving due to personal reasons. The offer letter stated a 3-month notice period, and I served 10 days more than the required notice, with my last working day being 24th January 2018. However, after I started at the new company, they somehow found out about my new employment and are now refusing to provide me with a relieving letter because I was not truthful about my reasons for leaving.

I am seeking advice on whether I have any legal recourse against the company for withholding the relieving letter under these circumstances.

Kindly advise.

Dear friend,

Your current employer is also one of your former employers. Are they insisting on you getting a relieving letter for just four months? In case they are not insisting, then why bother about the relieving letter?

An employment letter that shows a 4-month tenure could be counterproductive. It might do more harm than good. Therefore, just forego it and show a blank period on your CV when you apply for the next job.

Thanks,
Dinesh Divekar

Employer has no right to refuse any papers due to an employee just because he did not tell them that he is going for another job. What kind of ego issue is this manager displaying?

Best is a 4-month period can be ignored, and this employment not shown on the CV.

Thanks a lot Dinesh Divekar and Nathrao for your valuable replies.

Apart from the relieving letter, they are also withholding my 2 months' salary. They are saying they will not give the salary as well.

Non-payment of salary is a different matter. They have no right to withhold your pay. Send them a legal notice or, depending on your designation, approach the local labor office.

Dear Friend, the suggestion of Mr. Divekar is appropriate as your present employer is not insisting upon a relieving letter. However, as per your second revelation, your past employer did not disburse wages for the last two months.

Since your employer has not paid wages, it is a violation under the Payment of Wages Act. You should follow the guidance of Mr. Nathrao and lodge a complaint in the labor office regarding non-payment of wages after the wage period.

The role of your past employer is illegal for not providing a relieving letter after the due compliance of the notice period. You can send a notice through your lawyer. If you are putting in a complaint at the labor office, it can address both problems.

Please take appropriate action to address these issues.

Thank you.

Dear colleague, To advise disregarding 4 months' experience as insignificant and further suppress it by not showing it on the CV for future employers because the previous employer is refusing to provide a relieving letter is, in my view, unbecoming of a professional. As for not bothering about the employer not giving a relieving letter since the present employer does not seem to be insisting on it, that is acceptable.

If you fall into the workman category, you have legal remedies available under labor laws for non-payment of salary. If you don't, you can only continue knocking on doors up to the highest authority, appealing to their good sense for payment.

Regards, Vinayak Nagarkar HR Consultant

Refusal to Issue a Relieving Letter for Short Employment

The query is regarding the refusal to issue a relieving letter for a 4-month-old employment. Suppose the employer issues the certificate, and the originator of the query includes this short tenure in the CV. However, it could create a problem for him, and no matter what justification the querist provides, HR might not accept it. Therefore, the mention of the 4-month-old tenure could become a liability; hence the suggestion to drop it.

Yes, one should be truthful at all times; nevertheless, the truth should not become an obstacle to the career. Hence, the suggestion to suppress it.

Regards,
Dinesh Divekar

Working in a place for 4 months is considered an insignificant period. Not mentioning this short duration does not render your CV false or materially irregular. Our employment landscape may not be mature enough, and even minor details can impact your job prospects. Therefore, it is acceptable to omit the fact of working for a short time if necessary.

Dear All,

Thank you all for your valuable suggestions.

My current employer is forcing me to get an exit form, at least, so that he can confirm that I am not working in both companies at the same time. However, my previous employer is not providing me with the required documentation. I am concerned that my current employer may terminate my employment.

Kindly advise.

Understanding the Dual Aspects of Notice Periods

Yes, your problem has two sides of defense. The notice period of 3 months is established, at least to retain employees for a few months. Any company that is started to bring production, sales, profits, etc., shouldn't be constantly running a recruitment cell for hiring and relieving employees on a monthly basis throughout the year.

So, the policy of management may need to be upheld as it is currently challenging and has become hectic to maintain its employees to run the company in a stable way.

Addressing Grievances and Legal Obligations

Now, coming to the grievance side, any company should legally adhere to its contract. Breach of any contract by either party attracts IPC. So, it's better to allow the employee to leave as he complied with the norms of the contract. You may approach the labor department for relief.

Moreover, I feel you have not worked there for years, so there's no need to worry about the relieving letter. You can approach the new employer directly.