Company insist on finding a replacement to give relieving letter


Hi, I have been working in my current organization for 3 years. The notice period here is 3 months but I will be able to serve only 1 month notice as I have a better opportunity in hand. I have offfered to buy out my Notice period. The company policy says "you have to give 3 months notice. at the sole discretion of the company, notice period can be cut short and recovery will be made for the shortfall in notice period". The company is insisting on finding a replacement first and then relieving me. It is important, for me to get my relieving letter as I want to join my new organisation without facing any trouble. How do I go about achieving this?

Answers (2)


62 votes

This is my response to you:
1. Strictly speaking you are legally bound by your employee bond and the 3 months notice period. You can speak to the HR department and your employer what is best for you and you should be allowed to terminate your employment;

2. If they don't allow, then read through the terms and conditions of your employee bond or any other rules and conducts of your company if there is any clause which allows you to buy-out your notice period;

3. If they refuse to hand over the relieving letter then send them a legal notice.


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291 votes

Dear Client,

Your company can not insist on providing a replacement to them for you. You will required to serve 3 months notice or salary in lieu of the same as per your appointment letter and terms and conditions of your appointment.

You can contact me for advise and suggestions on the matter with relevant documents.

HS Verma
Advocate

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