Employee not issuing relieving letter
Akash
(Querist) 10 March 2018
This query is : Open
Hi,
I have beeen working with my current employer, lets say XYZ, from last 4 years. Now i have got an offer from a other comapny, lets say ABC, and want to move out, for that I have resigned my current employer(XYZ) putting a mail to the manager and keeping HR in cc. My manager have also accepted my resignation. The company from where i have got the offer(ABC) is the same company where i am currently working for a man days project through my current employer(XYZ). Currently I am serving notice period, which is 2months for my current company.
As the HR of my current employer XYZ came to know that i am going to the company(ABC) where i am currently working for a project, he is saying he will not give me relieving letter, because of some bond between both ABC & XYZ which states that company ABC cannot hire any member of the team working for their project, but i have found out that there is no such bond. The only bond that exits between both the comapnies is that i cannot be hired by the same team of comapny ABC, for which i am working, but can be hired for other team of the same company. I spoke to comapnay ABC's HR and they said, they have done thorough background check before releasing the offer letter, and they have found there is no bond which prevents them from hiring me.
I am trying to sort this out by talking to my manager and HR of current company. If finally they dont give my Relieving letter, may i know what are my legal options available for me.
Guest
(Expert) 10 March 2018
Wait for the official response to your resignation mail. Any legal option may not assure you relieving letter immediately unless your employer is heard by the court of law.. You will have to spend years to wait for the court judgment, if you take legal recourse. Better convince your employer to relieve you.
Akash
(Querist) 10 March 2018
Thank you for your suggestion. My Manager has already accepted my resignation, but HR has said that he will be issuing relieving letter after 15days from my last working day, and if any case he found i will join ABC company, then he wont give me relieving letter.
P. Venu
(Expert) 11 March 2018
Once the Manager has decided the matter, the HR person cannot revoke it. Issuing relieving letter is only a logical corollary once the competent authority has accepted the resignation.
Guest
(Expert) 11 March 2018
Only HR is the final authority to accept a resignation of an employee. Any superior, may he be the manager, can only recommend for acceptance.
Akash
(Querist) 11 March 2018
My current employer is a medium scale company having 60+ employees. My manager accepted my resignation via mail, kepping HR and company MD in cc.
P. Venu
(Expert) 11 March 2018
Perhaps, a better informed and nuanced discussion on the query could be possible through www.citehr.com
Dr J C Vashista
(Expert) 12 March 2018
Well advised by experts, I agree.
HR is not law/ above Manager.
Wait for notice period for next course of action.
Guest
(Expert) 12 March 2018
Depends upon delegation of administrative powers to accept resignation, whether your Manager or the Manager of HR. Better be sure, who is empowered to accept your resignation. However, the ultimate authority to issue your relieving order rests with the HR management. Of course, one thing is certain, your own Manager cannot relieve you from duty without the issue of orders by the HR.
Akash
(Querist) 13 March 2018
If i have resigned successfully completing my notice period and other formalities, can the HR hold onto my relieving letter?
