How Can I Get My Relieving and Experience Letters When HR Is Holding Them Back?

Hi, I have worked with an organization for 5 years. I got an opportunity in another organization and opted for the same. At my level, the notice period was 90 days, but I requested to be relieved after serving 1 month from the date of resignation and to deduct the amount against my unserved notice period from my Full and Final Settlement. However, my Function and HR were adamant about serving the full notice period. Since the role was good, I decided to move on and documented in an email that I would be leaving after 39 days, ensuring to provide a proper handover to my team. I have all emails available, including those detailing the handover and an intimation on my last working day, as well as the asset handover to the IT and Commercial Teams. My Full and Final Settlement was processed within 20 days of my exit, but the HR team is not releasing the experience letter and relieving letter. According to the clause in my appointment letter, any party can pay and terminate the contract.

Request for Relieving and Experience Letters

Kindly suggest the best possible way to obtain the relieving letter and experience letter. Also, please clarify if it is possible for HR to withhold these documents. Thank you.

You mentioned that the company has deducted an amount. What amount have they deducted? I believe you have been relieved on a lieu basis. Most companies tend to delay providing experience and relieving letters. Consequently, they often offer a clear No Objection Certificate (NOC) and a conditional relieving letter to assist exiting employees.

In your situation, you can also request them to issue the letters or, at the very least, provide the supporting documents as mentioned earlier. This will ensure that there are no delays in joining a new company.

Hi,

I have received the Full and Final Settlement Letter with all calculations, but HR is denying to issue a relieving letter/experience letter mentioning that I have not served the complete notice period. Can both the letters be kept on hold by HR due to not serving the notice period?

Regards,

The Role of HR in Business Alignment

Nowadays, HR seems to be missing the 'H'; they only follow what the business tells them to do, so do not have faith in HR. HR has been so busy aligning with business that they have lost their own identity.

Legal Action for Unserved Notice Period Deductions

If the company has deducted the payment for the notice period not served, then you have a very strong case against the company. Contact a good advocate who deals with service matters and take legal action; send a legal notice to the company. I believe only a notice will work the magic.

Warm Regards,

Bharat Gera
HR Consultant

I do not know on what grounds they have relieved you from the services, but it is a fact. The only thing is that they have not issued an experience and relieving letter.

Please check your full and final calculation sheet to see if any deductions are associated with covering the balance notice days. If such deductions exist, they are obligated to issue you the necessary documents. Kindly send another email to the HR head describing the entire situation and requesting the issuance of the experience certificate and relieving letter within 3 days as a goodwill gesture.

If you do not receive any affirmative information, proceed with legal action. Send a notice through an advocate and file a complaint at the local police station for harassment and damage to your career, after consulting with a lawyer.

Kind regards, [Your Name]

Hello,

They may complete the process of F&F; however, I think that they may not receive NOC/Clearance Certificate/Exit Interview documents. You may talk to HR and complete the above requirements if required and ask for the documents.