How Should Tanya Handle Her Company Refusing a Relieving Letter After a Short Notice Period?

My colleague Tanya served a 15-day notice period instead of a 30-day notice period. Her organization stated that this is not allowed, despite her compensating them for it. They have ceased her relieving letter and considered her case as absconding, even though she informed them in advance and left the company. She had mentioned the reason for the early notice period in her resignation email; she needed to get married and relocate.

Please advise on the appropriate course of action she should take.

You have mentioned that she has compensated for the 15 days of notice shortage which she has served. In what way has she compensated for the same? As she has not served the complete notice period, the company has a right to hold the relieving letter. But if she has left the company on a mutual understanding wherein she has forgone the 15 days of salary for which she has worked, then she is entitled to receive the relieving letter. You might need to get some legal advice to take this further.

She is entitled to a relieving letter if she has given 15 days' salary in lieu of the short notice served. In case the company refuses to provide her with the letter, she can contact the local labor commissioner's office, especially considering that her reason for leaving the service is genuine. However, she should first try talking to HR or escalating the issue within the company if HR does not respond to her initial request.

I hope this helps! Let me know if you have any further questions or need assistance.

Hi all, thanks for the advice. Okay, here is what happened:

Tanya's Notice Period Dilemma

Tanya told her employers that she is leaving and stated that she can serve 15 days, not a month. Her employers are forcing her to serve a month's notice period, stating that her marriage is a two-day affair and she should return to work. She mentioned that she is willing to compensate the company with her entire month's salary. Now, these people told her that if she does not serve her notice period, they will consider her as absconding.

Company's Response and Legal Threats

Additionally, since she submitted her resignation, no one has been assigned to take over her work. The company waited until the 14th day and is now threatening legal action against her if she leaves, terming it as absconding. Is this even possible? Isn't this illegal and unfair to the employee who has served in this organization for 5 years?

Regards,

In this case, she definitely needs to contact the local labor commissioner's office. Unfortunately, I don't have any contacts to whom I can refer. Good luck.

Kindly refer to her appointment order. If mentioned, either 30 days of notice or 30 days' notice pay agreed by both employee and employer should be mentioned in the relevant clause on termination of the contract of employment/resignation by the employee. I'm sure she can pay for the deficit notice of 15 days and leave.

There are some companies that, even if you abscond, they call and request you to pay the notice period pay and will provide relieving letters stating "the notice period served and notice period paid" along with full and final settlement. However, as an employee, you should ensure that you hand over all your responsibilities before you leave, or inform the company that you may be contacted through phone/mail, which will enhance a smooth relieving.

Regards,
Satish.K

I sympathize with your friend's situation. However, the notice period required may vary depending on the role she holds and the complexity of the handover process. It is also concerning that the company has not made arrangements for someone to take over her responsibilities in her absence. If Tanya finds it impossible to provide a proper handover due to her marriage, she could consider forfeiting 15 days' salary, as previously suggested. If the company refuses to issue her a relieving letter, she may seek assistance from the local labor commissioner.

I recommend that she attempt to provide a thorough handover if feasible, not out of obligation but to maintain positive relations with the company. It is important to address this situation promptly to avoid any legal implications.

Best regards,
[Your Name]

She is entitled to the relieving letter from the company, but she should not even have to ask for it. I see that she is a good employee, and the company doesn't want to lose her. Her attitude towards work is enough to take her far.

Well, Tanya is ready to pay and forgo her entire salary for the month, but the company states that they want her to pay them in a few lakhs. They sent her to Europe for training, which was 3 weeks and 5 months prior. When she returned, she did train and implement all the necessary processes. Now, these new tactics are making her feel even more miserable, due to which she is not able to work in another company. Is this fair? She has not signed any bond or any agreement before her trip to Europe, but still, it's not like they sent her to Yale or Harvard for 6-8 months. What are your thoughts on this?