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What to do when organisation is delaying the relieving process?


10-Oct-2023 (In Labour & Service Law)
I got a job offer letter on 11 Sept. at a National Law University. I requested my organization to releive me as early as possible. Joining date mentioned in appointment letter is 12 Oct. My office is delaying the relieving process. Now kindly guide me how to go about it.
Answers (1)

Answer #1
700 votes
I will give you options here.
option one: You can get a lawyer and send a legal notice claiming your relieve and your experience letter and also damages for the delay for irresponsible behavior of the company in addressing the grievance of the former employee.
option two: The problem that you have is that your resignation is not getting accepted by your current organization. You should check your offer letter and that would clearly state your notice period. If your manager does not waive it off, then you will have to fully serve the notice period. The organization is bound by the rules as stated in the offer letter to you.
Talk to your manager, he is the best bet here to solve the problem. I'd suggest you contact your Manager and see what can be done to get the relieving letter.
Probably they might ask you pay for the skipped notice period (if your notice period is X days, the amount will typically be basic pay component of your salary for X days).
While you might have genuine reasons for not serving the notice period, its better to pay for the notice period and get the relieving document.
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