• Threat of not issuing relieving letter

I am working in a well known MNC for the past 6.5 months. As per terms of my appointment letter, probation period is 6 months during which I can resign and be terminated without serving any notice period. Further, as per the letter I shall be confirmed only after issuance of confirmation letter. Even after completion of 6 months, I never received any confirmation letter nor was communicated any reasons for non-confirmation.

Now I have physically handed over my resignation letter to my line manager. However, he and HR are threatening me and stating that I am required to serve notice period (totally against the terms of my appointment letter). They have stopped all exit formalities and communicated that no relieving letter shall be issued, though I have already served 1.5 weeks of notice.

I have not dropped any email for acknowledgement of resignation. Only handed a physical copy as per the HR Manual. 

Now I'm in a fix as I'm not interested in serving more time and my company is not issuing any relieving letter which I'm required to produce in the new organization. 

Please let me know the legal recourse along with approximate cost involved.

Asked 2 years ago in Labour from Delhi, Delhi
1) You have stated that you could resign and be terminated without serving any notice period during the first six months of your employment and that is why you need to serve a notice before you can sever your service to the company. even if there is stipulation about notice you can get away with a shorter notice and in lieu of complete notice you may have to forgo your basic salary.

2) As such the company can not withhold your relieving arbitrarily. You can issue a legal notice demanding acceptance of your resignation and issuance of  relieving letter.

3) The cost involved depends on the lawyer you would engage as the fee in such cases is subective. If the company refuses to part with the letter and comply despite the legal notice you will have to file a suit against the company for the reliefs and claim heavy damages.
S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

1. You should send an email first requesting them to issue relieving letter without a notice period compliance and if there is a mandatory notice period of one month ask them to deduct the basic salary and relieve you with a reliving letter.

2. Company can ask you to pay for the basic salary as a cost if you resign without a notice as per the requirements which was informed you at the time of interview or joining.

3. In case the company is not responding positively and  withdrawing the relieving letter your next option is  to send  a legal notice. Most likely the notice will give you the result , in case the company is decided to fight, you can approach the labour inspector /tribunal with your grievances which is going to take some time

4. engage an advocate locally from your area and proceed to send a legal notice.
it is advisable to send an email first to the Head of the company and HR requesting to issue the relieving letter as you cannot wait if you are in need of an relieving letter to join in a new job.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer