Navigating a Job Exit: How to Handle Missing Appointment Letters and Unexpected Contract Terms

Dear Team,

Three years ago, I was working as a Host Country National (HCN) in the Liaison office. After three years, it merged with another Indian Pvt Limited company. During the merger, I resigned and negotiated for a salary hike, where they promised me a salary hike/promotion after three years. After formally resigning from my previous employer, the new merged employer provided a good salary hike but with a lower-grade position.

I accepted the Offer Letter in April 2021 along with proper monthly payslips and PF deductions.

The HR team mentioned they would issue a formal Appointment Letter after one month. Despite numerous follow-ups with HR, I did not receive a response from them even after nine months since the date of joining. I requested the Appointment Letter via email, WhatsApp chat, and one-on-one meetings with HR.

Finally, I formally resigned, adhering to the three months' notice period as per the HR policy shared via email.

Immediately after my resignation, I received an email from HR stating, "As per the Appointment Letter Clauses, the Employee must work for at least two years," citing that I had received a salary hike with special case approval. However, I have not received any contract agreement, terms, or conditions so far.

I am genuinely concerned about the exit process in the current company as I plan to switch to a new job role.

Questions Regarding Exit Process

1. Can I accept the Formal Appointment Letter after resigning and serving the notice period now?

2. How should I approach HR for the Relieving Letter/Service Letter to ensure a smooth exit from the company?

Thanks in advance,

Vishnu Kumar

Dear Vishnu Kumar,

I understand your concerns. Here's a step-by-step guide on what you can do:

➡️ As for accepting the Formal Appointment Letter after resignation and serving the Notice period, it's important to review any document before signing.
- Check the terms mentioned in the appointment letter, specifically the clause about the two-year service period. This should align with your initial understanding and the verbal agreement you had with them regarding the salary hike. If it doesn't, you might need to bring it up with them.

➡️ Concerning your request for a Relieving Letter/Service letter, here are steps you can follow:
1. Request in writing: Send a formal email to your HR department requesting the relieving letter. Clearly state your resignation date and the last working day. Keep the tone professional and courteous.
2. Follow up: If you don't receive a response, follow up regularly. You can do this via email or through one-to-one meetings.
3. Escalation: If there's still no response, escalate the matter to a higher authority within the company, such as your manager or the head of HR.
4. Legal Advice: If all else fails, you might want to seek legal advice. As per Indian labor laws, an employer cannot withhold your relieving letter after you've served the notice period.

🔝Remember, it's important to keep all your communications documented for future reference.

👍It is advisable to maintain a positive relationship with your current employer. This could help in smoothing the exit process.

Best of luck with your career transition!