• Incorrect relieving letter

Hi,

I have left the organisation on 9th January ,but in my relieving letter they mention it as 28th Feb,2025 which was officially my notice period and I also made payment for the days I haven't served so how can I correct my relieving letter as they are mentioning 28th Feb is in the record
Asked 3 days ago in Labour

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11 Answers

You can request the company to change and correct the said letter 

Prashant Nayak
Advocate, Mumbai
33491 Answers
221 Consultations

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount, company cannot harm you for the same

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Since, you have already paid for the notice period then the said organization is bound to issue relieving letter for the entire period which you have worked there 

- If refused then sent a legal notice for getting the same. 

Mohammed Shahzad
Advocate, Delhi
15178 Answers
232 Consultations

The company would mention your last date of working after completion of notice period as your relieving date 

Ajay Sethi
Advocate, Mumbai
98426 Answers
8006 Consultations

You can only request company to mention your last working date as your relieving date as you have paid salary on lieu of notice period 

Ajay Sethi
Advocate, Mumbai
98426 Answers
8006 Consultations

The "relieving  date" in the context of resigning from a job refers to the last day of work, which is the date your notice period is completed. It's the date you officially leave the company after serving the required notice. 

 

 

 

Ajay Sethi
Advocate, Mumbai
98426 Answers
8006 Consultations

The relieving date from a company is typically after the completion of the notice period, but can sometimes be the same as the date of relieving if the employee is relieved on the resignation date itself. 

The relieving date is the official date when an employee is relieved of their duties and responsibilities by the company. It's essentially the last day the employee works for the company.

T Kalaiselvan
Advocate, Vellore
88628 Answers
2403 Consultations

If the employee serves the full notice period, the relieving date will be after the resignation date, coinciding with the last working day. 

If the employee is relieved on the resignation date itself (e.g., due to a buy-out of the notice period), the resignation and relieving dates will be the same. 

T Kalaiselvan
Advocate, Vellore
88628 Answers
2403 Consultations

However, notice period is generally counted towards total work experience, as long as the employee actually worked during that period. The notice period is a formal notice given by an employee to their employer before leaving, and during this time, the employee continues to work and fulfill their responsibilities. Therefore, the time spent working during the notice period is considered part of their employment history and work experience.  In your case since you have paid the compensation towards the un served notice period, your relieving date should be the last working date, hence you may first send a letter to the company requesting to change the reliving date to that of the last working date instead of the date after the completion of notice period. 

If there is no response or if your request letter is not entertained then you can adopt legal process by first issuing a legal notice and then approaching court seeking direction to the employer for declaring the correct date of relieving from the job based on the last working date. 

T Kalaiselvan
Advocate, Vellore
88628 Answers
2403 Consultations

They need to change their record if not then you need to send a legal notice to them 

Prashant Nayak
Advocate, Mumbai
33491 Answers
221 Consultations

To correct the incorrect relieving letter, here are the steps you can take:

  1. Formal Request to HR: Write a formal letter/email to the HR department requesting a correction. Clearly state that your last working day was January 9th, and that the mention of February 28th as your exit date is incorrect. Provide documentation, such as your resignation email, any payment records, or any communication regarding your notice period and payment for unserved days.

  2. Escalation: If HR refuses to make the change, escalate the issue to a higher authority within the company, such as the manager or senior HR personnel. Explain that the incorrect exit date is affecting your future employment and could have legal implications.

  3. Legal Notice: If the issue remains unresolved, you can send a legal notice through a lawyer. In the notice, ask the company to correct the relieving letter to reflect your actual last working day. The notice should also include a deadline for action, typically 7-14 days.

  4. Labor Commissioner: As a last resort, you can file a complaint with the local labor commissioner if the issue is not resolved amicably. The labor commissioner may mediate or intervene to ensure that your relieving letter is corrected in accordance with the actual facts.

Legal Basis:

  • As per labor laws, employers are obligated to provide accurate records and documents related to employment. An incorrect relieving letter could affect your reputation and future job prospects, which you have the right to address.


Shubham Goyal
Advocate, Delhi
1113 Answers
6 Consultations

Dear Client,

There is usually general discretion for employers to accept premature release if notice period is paid in lieu, but if they do not agree, then they may note the relieving date as the initial notice period termination date. You can also make a formal request to the employer in writing (email or via letter) to rectify the relieving letter to show your correct last working date ( i.e on 9th January), by citing that you have prepaid for the unpaid notice days. If they refuse, you may send a legal notice via a lawyer seeking rectification of the relieving letter according to your actual last working date that you have stated. If still no reply, you can approach Labour Commissioner or institute a suit for declaration and direction to order the issue of a proper relieving letter. Maintain all proof of payment in lieu of notice period and communications with employer as records.

Anik Miu
Advocate, Bangalore
10625 Answers
123 Consultations

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