Amlan Mishra 27 July 2017

Not getting relieving letter from ex-employer

I had been working for a company (lets say 'A') and I got a new job in a company (lets say 'B'). B wanted me to join ASAP, i.e., in 1 month or less. I had to resign according to the procedure of A in order to get an smooth exit, with all the documents, that are Experience letter and relieving letter. According to my offer letter from A, I being a teacher, an ACADEMIC employee, I have no written mentioned notice period but 3 months for non-ACADEMIC.

It states -" You will be on probation for Twelve (12) months from the date of joining, which may be extended by the Management at its discretion. At the end of the Probation period, your services with the company would be confirmed subject to your performance meeting the requisite standards. During the probation period, employee may terminate this employment agreement by giving three (3) months of notice for the non Academic Employee Like Marketing / Administration / Finance / Human Resource / Systems and for the employees with the responsibilities of Teaching / Training / Academic / R & D are required to give notice such that they can leave only at the end of academic year in the manner referred to the clause 6 and at its sole discretion to enforce the notice period. In cases of gross misconduct / NonPerformance where company reserves the right to terminate an appointment without notice, in accordance with the Disciplinary Procedure / Non-Performance Procedure. 6. Notice to terminate this contract will be accepted by the Company only when it is issued in a form wherein your identity is ascertainable (such as hard copy with official signatures). Notice of termination in electronic form where identity cannot be ascertained, such as SMS or personal email, shall not be accepted as adequate notice for the purposes of this agreement."

I am under the 12 months probation period and A wants to retain me and so doesn't want me to leave. The HR says I have to serve 3 months, or atleast serve till they get a replacement or if I so desperately want to join B, I would get a replacement for me. They even asked for a hike, which I didn't want. I just want to join B on the given time for joining with all my proper documents in hand. According to A's offer letter I can leave at the end of Academic Year which is July 31st. Since there is no such time period for notice has been mentioned, I think 1 month is enough time for the company A to find a replacement.

I am going to join B, and sign an undertaking saying I'd hand them over the documents of experience, but was wondering what is the exact procedure to take any legal action against A, if they don't agree to relieve me o hand me over the relieving letter.

Find the attachment below, having a part of A's offer letter and check if I'm on the correct legal path and advise me on what I could do next. Thank you.

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3 Replies

Kumar Doab (FIN) 27 July 2017

Originally posted by : Amlan Mishra
	I had been working for a company (lets say 'A') and I got a new job in a company (lets say 'B'). B wanted me to join ASAP, i.e., in 1 month or less. I had to resign according to the procedure of A in order to get an smooth exit, with all the documents, that are Experience letter and relieving letter. According to my offer letter from A, I being a teacher, an ACADEMIC employee, I have no written mentioned notice period but 3 months for non-ACADEMIC. It states -" You will be on probation for Twelve (12) months from the date of joining, which may be extended by the Management at its discretion. At the end of the Probation period, your services with the company would be confirmed subject to your performance meeting the requisite standards. During the probation period, employee may terminate this employment agreement by giving three (3) months of notice for the non Academic Employee Like Marketing / Administration / Finance / Human Resource / Systems and for the employees with the responsibilities of Teaching / Training / Academic / R & D are required to give notice such that they can leave only at the end of academic year in the manner referred to the clause 6 and at its sole discretion to enforce the notice period. In cases of gross misconduct / NonPerformance where company reserves the right to terminate an appointment without notice, in accordance with the Disciplinary Procedure / Non-Performance Procedure. 6. Notice to terminate this contract will be accepted by the Company only when it is issued in a form wherein your identity is ascertainable (such as hard copy with official signatures). Notice of termination in electronic form where identity cannot be ascertained, such as SMS or personal email, shall not be accepted as adequate notice for the purposes of this agreement." I am under the 12 months probation period and A wants to retain me and so doesn't want me to leave. The HR says I have to serve 3 months, or atleast serve till they get a replacement or if I so desperately want to join B, I would get a replacement for me. They even asked for a hike, which I didn't want. I just want to join B on the given time for joining with all my proper documents in hand. According to A's offer letter I can leave at the end of Academic Year which is July 31st. Since there is no such time period for notice has been mentioned, I think 1 month is enough time for the company A to find a replacement. I am going to join B, and sign an undertaking saying I'd hand them over the documents of experience, but was wondering what is the exact procedure to take any legal action against A, if they don't agree to relieve me o hand me over the relieving letter. Find the attachment below, having a part of A's offer letter and check if I'm on the correct legal path and advise me on what I could do next. Thank you.

Instead of complicating resign fro end of academic session.

It is only a few days away....

Kumar Doab (FIN) 27 July 2017

What is full clause 6?

Amlan Mishra 28 July 2017

6. Notice to terminate this contract will be accepted by the Company only when it is issued in a form wherein your identity is ascertainable (such as hard copy with official signatures). Notice of termination in electronic form where identity cannot be ascertained, such as SMS or personal email, shall not be accepted as adequate notice for the purposes of this agreement.