Facing Delays with Relieving Letter Due to Incomplete Virtual KT – How Should I Proceed?

Hi, I have given my notice period on 15-07-2022, and I served my three-month notice period. My last working day was 12-10-2022.

During the final week of my notice period, I developed a health issue, so I took a leave of absence for which I used my comp-offs and one sick leave to which I was entitled during my notice period.

Throughout these three months, I was assigned only new tasks. However, no arrangements were made for knowledge transfer (KT) and replacement. Towards the end, on the 11th and 12th, I provided virtual KT. However, they are now claiming that the KT is incomplete and are withholding my relieving documents.

On the 12th of October 2022, they informed me that they were not satisfied with the virtual KT and hence are holding back my relieving. Even on October 13, 2022, I continued providing KT. Now, they say they need until October 19, 2022.

I am expected to join my new company on October 19, 2022. Could you please provide me with some advice on how to proceed?

Hello,

It appears you're in a tricky situation. It's imperative to understand your rights and responsibilities in this scenario. Here are the steps you should take:

1. 📝 Review your employment contract: Go through your employment contract again to understand the terms and conditions related to notice period, handovers (KT), and relieving procedures.

2. 👩‍💼 Contact your HR Department: Have a detailed discussion with your HR department about your situation. Express your concerns and ask for a clear explanation of why your relieving documents are being held.

3. 📚 Refer to the labor laws: According to the Industrial Employment (Standing Orders) Act, 1946 in India, an employer cannot withhold relieving documents if an employee has served the notice period. The employer also cannot force you to extend your notice period without your consent.

4. 💌 Communicate with your new employer: Inform your new employer about the situation. They may be able to provide a solution or be flexible with your joining date.

5. 🗂️ Document everything: Keep evidence of all the communication with your current employer. This includes emails, messages, or any form of written communication. These will be useful if any legal action is required in the future.

6. 🤝 Seek legal advice: If your current employer continues to withhold your relieving documents, you may need to seek legal advice. As per the Indian labour law, you have the right to receive your relieving letter upon completion of your notice period.

Remember, it's crucial to keep calm and professional in your communication throughout this process. Best of luck with your transition.