Stuck in a Notice Period Dilemma: How Can I Get My Relieving Letter?

Hello all, please help me with the following.

I have worked with a company for about six months prior to becoming a CA, and after becoming a CA, I received a good offer and wanted to pursue it. In the appointment letter of the previous company, the following was mentioned:

Employment

"Your service is confirmed from the date of commencement of employment. Your service can be terminated by giving three months' notice in writing or three months' salary in lieu thereof, on either side. You will not be permitted to adjust any accrued leave against the notice period."

Now, I opted for the same and asked to serve 60 days and pay for the remaining 30 days, but this was strictly denied by the HR team, who said that it is not in the company policy.

I have to provide a relieving letter to my current organization, or I will lose that job as well. I have been trying to reach the HR team for three months, but no one is responding to emails or calls.

Kindly guide me on what can be done.

The stand taken by your company is perfectly correct and aligns with the relevant clause in the appointment letter, which reads as follows:

"Your service can be terminated by giving three months' notice in writing or three months' salary in lieu thereof, on either side. You will not be permitted to adjust any accrued leave against the notice period."

Either you have to serve a 3-month notice period or you have to buy out the 3-month notice period by depositing 3 months' salary. The clause does not state that you can serve the notice period partly and buy out the remaining notice period.

So, the option is either to serve the three-month notice or deposit 3 months' salary in lieu of the notice period to the company and collect your relieving order.

Hello P. Radhakrishnan Nair, thanks for the insight. However, I had asked for payment of 90 days' salary as well, but it was denied, stating that it is not in their policy. During the argument/conversation about the mentioned clause, I was connected with the company. The HR did not respond to my emails for days, and the entire conversation took almost 40-50 days. Therefore, I decided to complete 60 days and pay for the remaining 30 days.