Left My Job Without Serving Full Notice – Do I Need to Pay for a Relieving Letter?

Hello, I left a company in 2021 in India to pursue my master's overseas. I was at a middle management level, and they required me to serve a 3-month notice period. However, I only served for 1 month and used all my leave balance (PL). Consequently, I received a substantial amount for recovery pending completion of F&F and obtaining a relieving letter from this company.

I am currently working overseas and do not need a relieving letter, but today, I received an email from HR of my previous company asking me to pay my dues to obtain one. My question is whether there are any legal implications for this and if it affects my future employability in India if I don't pay, as I don't need a relieving letter to continue my current job.

Hi, How long were you associated with that Indian company?

A relieving letter from your former employer may not be required for your current job, but we can't predict the future. At times, it might be necessary in your current country itself for any visa-related processes or as proof of past employment. So, I would suggest that you try to obtain the relieving letter from your past employer.

Hello,

Thanks for the suggestions. I worked for 3 years with my past company in India. While I did not leave the company on bad terms or engage in any fraudulent or disciplinary activity, there was a contention point regarding the waiving of my notice period. They waived it for my colleague who left after just 1 year, but my manager was reluctant to do the same for me.

The sum of money involved is not substantial, but it is not negligible either, and I am currently facing financial constraints. I believe this issue should not cause problems for me here in the UK, as I am already employed in a corporate job, and this employer would provide me with a relieving letter should I move to my next job. My visa and other related concerns in the UK are already resolved.

My main concern is whether my past company could legally challenge me regarding the Full and Final settlement if I am unwilling to pay and obtain my relieving letter.

Hi, By not serving the full 3-month notice period, you may have breached your employment contract. Consequently, the company can legally claim recovery of dues, including notice period pay and any other pending amounts from you. Please acknowledge the HR email and express your willingness to resolve the issue. It is advisable to negotiate with the HR department to settle the amount or reach a mutually agreeable solution.

Regards,
Tapan Kumar

Hi, understood.

You are assessing the issue with the current situation. We don't know what tomorrow holds; there might arise a situation wherein you will be expected to substantiate the past experience with proper proof. Hope you are projecting those 3 years of experience in your resume as well?

It is well understood from your posting that the relieving letter was not a requirement for you at that time and even now. How could that be vital now, is a question? Therefore, you need to ignore the mail without a reply and maintain silence.

I would like to sort out any pending issues from the past service at the earliest. Whether required now or not is not the question here. The focus is on fulfilling contractual obligations. I don't know if you have received all the FnF and EPF settlements for the past service. If not yet, it's in your best interest to address these issues promptly. You may need the service certificate for future plans back home. You might even find it more affordable to settle now. Therefore, I suggest negotiating with the relevant parties and settling the dues to secure the relieving letter along with the FnF/EPF benefits to your advantage.