Hi, I work for a startup and recently resigned from my company citing personal reasons. I submitted my resignation via email to my Manager/Boss/HR and initially asked for an early exit. He delayed my resignation for a few weeks through email conversations but didn't accept it. Finally, when I approached him personally and talked face-to-face, he told me that it was impossible to relieve me early. I then mentioned that, even though it's unfortunate that I couldn't be relieved early, as per the terms and conditions of the agreement in the offer letter, I will serve the two-month notice period and exit the company. He immediately told me to my face that he wouldn't relieve me.
So, in the worst case, I will serve my notice period and not show up at work. By doing so, I will be forfeiting my relieving letter and experience letter. When I mentioned the same to my new employer and disclosed the conversation to them, they understood and told me that it's fine even if I don't have the relieving and experience certificates. They asked me to just come and join them once I have served my notice. My new employer is also a startup, by the way.
Could I really be denied a relieving letter? Can I take up the offer of my new employer, and will there be any legal ramifications later or in the future? Can my employer take legal action against me after I leave the company once I complete my notice period without a proper exit process?
From India, Hyderabad
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So, in the worst case, I will serve my notice period and not show up at work. By doing so, I will be forfeiting my relieving letter and experience letter. When I mentioned the same to my new employer and disclosed the conversation to them, they understood and told me that it's fine even if I don't have the relieving and experience certificates. They asked me to just come and join them once I have served my notice. My new employer is also a startup, by the way.
Could I really be denied a relieving letter? Can I take up the offer of my new employer, and will there be any legal ramifications later or in the future? Can my employer take legal action against me after I leave the company once I complete my notice period without a proper exit process?
From India, Hyderabad
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Legal Recourse for Pending Payments and Documentation
You can claim any pending payments when leaving your organization by filing a complaint under the Shops and Establishment Act of your state. However, a relieving letter and experience certificate are not considered part of pending wages under any law, even though they should be, as they hold future economic benefits for individuals. The only recourse, therefore, is to pursue a civil suit after serving the notice period, as it is a common practice to provide an experience certificate and relieving letter. Nonetheless, this process can be time-consuming and costly, hence not advisable.
Proof of Employment
Regarding proof of employment at a particular place, your PF number, ESI Card, or UAN should suffice to confirm your tenure there. Additionally, your employer should have provided you with your payslip, which includes your designation. This documentation should be satisfactory in proving your employment.
From India, Kolkata
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180You can claim any pending payments when leaving your organization by filing a complaint under the Shops and Establishment Act of your state. However, a relieving letter and experience certificate are not considered part of pending wages under any law, even though they should be, as they hold future economic benefits for individuals. The only recourse, therefore, is to pursue a civil suit after serving the notice period, as it is a common practice to provide an experience certificate and relieving letter. Nonetheless, this process can be time-consuming and costly, hence not advisable.
Proof of Employment
Regarding proof of employment at a particular place, your PF number, ESI Card, or UAN should suffice to confirm your tenure there. Additionally, your employer should have provided you with your payslip, which includes your designation. This documentation should be satisfactory in proving your employment.
From India, Kolkata
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Relieving & Experience Letter.doc