What Should You Do If Your Employer Won't Let You Go After Resignation and Notice Period?

Greetings! If an employee submits their resignation properly and has also served the proper notice period of 2 months, but the employer refuses to relieve him/her and delays the process, the following points need to be noted:

1. The employee served a notice period of 2 months instead of one month, provided full training to the newly joined staff, and properly handed over their responsibilities as per the terms and conditions stated in the appointment letter.

2. Management intended to conduct an exit interview with the candidate but has postponed and rescheduled it almost 10 times without conducting it yet.

3. Finally, the employee took a 4-day leave permission and refused to return.

4. I believe the candidate has fulfilled all the conditions specified in the appointment letter. If the employer sends a legal notice, what should the candidate do?

Please suggest.

Legal Notice for Relieving Orders and Experience Certificates

It is advisable for the employee to send a legal notice to the employer requesting official relieving orders and experience certificates. This should be effective from the date the employee left the organization on their own, after duly fulfilling the notice conditions and other requirements. This action serves as a preemptive measure.

Dear Colleague,

The employee has fulfilled his duty by serving the notice period as required. However, the employer has not yet relieved him. In this situation, the employee should document that he had no company property in his custody, completed the notice period, and trained the successor. It is important to note that the relieving order and the Full and Final (F&F) settlement have not been completed by the organization. It is advisable to send an official letter by registered post and keep a copy. In the letter, you may also request the employer to send the relieving order, experience certificate, and F&F settlement. Sending one or two reminders and emails is recommended to maintain a record. If there is no response, sending a legal notice may be necessary.

It is unfair when an employee does their best for an exit, and it should be respected. Unfortunately, our legal system has yet to improve to provide a solution in such matters. However, if there is not much progress and if the employee falls under the category of "Workmen" under the ID Act 1947, a dispute can be raised for F&F settlement and other matters before the Conciliation Officer under the ID Act.