Struggling to Get a Relieving Letter from My Ex-Employer: What Legal Steps Can I Take?

Worked for 8 years and after serving notice period, handing over all belongings to the company means coming out from that company with the process. Now it's been one year since I left the old company, and they cleared my F&F as well as gratuity, but they are not willing to provide a relieving letter intentionally and are creating obstructions during the background verification by my current employer. My current employer is now asking for a relieving letter from my ex-employer. Please advise on the legal process to obtain the same.

Dear Member,

Do you have your Resignation Acceptance Letter from your Ex-Employer? Please correspond regarding the non-receipt of the Relieving Letter. There should not have been a delay from your end. Start immediate correspondence.

Thank you.

Dear Sunil-Kumar1, you left the company after serving for 8 years. You served the notice period and received your full and final dues, including payment of gratuity. However, the company is not providing you with a relieving letter or experience letter. You mentioned that the company is intentionally refusing to do so. What might be the company's intention?

I would not recommend pursuing legal action to obtain the relieving letter or experience letter. Instead, I suggest you politely and humbly request the letter from your former employer. Given your 8 years of dedicated service and your respectful departure, the company is likely to consider your request positively. If necessary, you may need to escalate the matter to the top management or CEO. If you have inadvertently caused any hurt, it is essential to offer a sincere apology.

Simultaneously, you should communicate with your current employer and assure them that you left your previous job gracefully, settling all dues smoothly. Despite this, the company has not issued the required letters after a year has passed.

Opting for legal action or sending a legal notice may sever your relationship with the company, which I recommend avoiding.

Wishing you all the best.

Srinath,

Yes, I have the acceptance letter of resignation, but in a normal relieving letter, it is not required. So, I haven't requested for the same. However, now the current employer (new) is asking for it. I have sent the request multiple times, but they are not responding.

Dear Akhil,

There is an ego issue with the director of the company. When I was leaving the company, they gave me a letter to sign, which was essentially an agreement not to join a competing company. They also asked me to hand over my personal SIM card, which I denied. I ended up joining a startup company in the same business, which was viewed negatively by my previous company.

I have spoken to my current employer about the situation, but they have not agreed to provide me with a relieving letter. As a result, I am currently unemployed. My current employer is concerned about their standards being questioned by international auditors if they provide me with a relieving letter.

I have tried contacting the director of my ex-employer through WhatsApp since they are not responding to my calls. However, they have not replied, and neither has the HR department. Without the relieving letter, I am unable to work in any multinational corporation.

Please advise.

Now 🙏🏼

F&F is incomplete without a relieving certificate. You can ask them to provide you with an experience certificate by simply mentioning one line like below: "Mr. _____ is relieved from our services effective dd/mm/yyyy." This line can be included in your experience certificate from your old employer and can be utilized by your current employer as a valid document.

You have delayed the case for quite a while now. Please make an effort to resolve this amicably by explaining the necessity of this letter. If your past employer continues to refuse, you may consider seeking assistance from a legal counsel.

Thank you,
Megha
Specialist HR Generalist/Senior POSH Enabler & Trainer for PAN India