Can I Get My Relieving Letter If I Didn't Complete the 90-Day Notice Period?

Hi, I have left my current organization and joined a new one. I served 45 days of the notice period, but the notice period is actually 90 days, as mentioned in the appointment letter. Since this information was not stipulated in the appointment letter, am I still eligible to receive a relieving letter? The employer is currently withholding the relieving letter. I agreed to the terms and conditions, including a 2-year commitment, via email only. I have been with the organization for only 20 months. Are there any legal actions I can take in this situation?

Hi, I have left my current organization and joined a new organization. I have completed 45 days of the notice period, but the notice period is 90 days as mentioned in the appointment letter. Since the extended notice period was not acknowledged in the appointment letter, am I still eligible to receive a relieving letter? My employer is refusing to provide a relieving letter. I had agreed to the terms and conditions, including a 2-year commitment, only via email. However, I have only been there for 20 months. Can I take any legal action in this situation?

Dear Aniket,

No law binds the employer to issue the appointment letter. If your appointment letter mentioned a 90-day notice period, then you should have served it properly and then left the company.

An appointment letter is a "contract" under the provisions of the Indian Contract Act, 1872, and fulfillment of the terms and conditions of the contract is obligatory on both sides. By abandoning the employment, you have breached the contract.

Your question was on legal action by the employer. What legal action the employer takes remains to be seen.

Anyway, withholding the relieving letter itself is a punishment. It has nullified your tenure in their company.

Of course, for not serving the complete period of employment of two years or for not serving the notice period, the employer may raise a damage claim. Whether they do so cannot be estimated.

Thanks,

Dinesh Divekar

Dear Aniket, If your appointment letter mentions a 90-day notice period, you must serve it as specified or alternatively, you can pay the remaining notice period recovery amount and then leave the company. In this regard, you may discuss the matter with the HR department.

Furthermore, if you have not signed any employment bond with the company, they cannot take any action against you. Moreover, even otherwise, they are not entitled to take any action under Section 27 of the Indian Contract Act. It would be advisable to resolve the issue by making the notice period recovery amount deposit.

Acceptance of the offer given by mail renders it binding. There can even be oral agreements, and they are valid subject to other conditions in this regard. You have neither served the full notice period nor fulfilled the committed two years of service, yet you expect the employer to give you a relieving order and a service certificate. Important Principle: One who seeks justice must first of all do justice. If you want them, either serve the remaining period or pay for the balance period. Only then is there a justified claim for them. Talk to HR and make your proposal.

The Importance of an Experience Letter

Getting an experience letter is a professional right for everyone, irrespective of levels or designations. Your appointment letter entails the details of the terms and conditions of your association with the organization. It acts as a contract between two parties, i.e., employer and employee. This contract requires both parties to fulfill all the terms and conditions, such as serving a notice period of 90 days or providing a salary in lieu, which is a standard case in appointment letters. In your situation, both parties are required to serve the 90-day notice period. You have worked there for 20 months, drawn a salary, and fulfilled your responsibilities. Merely not signing the appointment letter doesn't mean you haven't accepted the terms and conditions. The contract is considered fully executed, as evidenced by the salary deposited in your account.

Notice Period and Settlement

In your case, the notice period is 45 days. The remaining notice period amount must be settled in full and final settlement, and you must hand over the requisite items in your possession. Only then are you entitled to your professional right to an experience letter. If the employer is unwilling to issue an experience letter, you can initiate legal action to fulfill the terms of your association with them.

Professional Conduct

Lastly, always have a clear understanding of the association; the organization also has its commitments toward its stakeholders. Let's conduct ourselves in professional ways.

Hope this is useful.

Regards, Amol