Response

You should obtain copies of the necessary documents and seek legal advice based on them before considering any action. The company can not hold a relieving letter if you are serving full notice as per the termination clause mentioned in your appointment letter.

If you have any documented proof of getting verbally abused, then please produce it in front of management. After such a detailed mail from me to the Top HR and CEO of the organization, this issue is sorted out and they have accepted to consider the normal exit and released all my benefits, including provident fund. If your letter of appointment contains a clause that both parties can compensate for not meeting the notice period, and if you have given your consent to indemnify the company for failing to meet the notice period, the company cannot prevent you from being legally relieved.

Please check the terms of the offer/letter of appointment on the notice period and the time and notice period/duration. Unless you don’t serve full notice or any relieving letters If the employer wants you to join early, check with the last/current employer if the notice can be bought outright. This option is available in some companies. Notice is compensated from either party and this is mentioned in the appointment letter. If not , address this issue to the new employer and they won’t relieve you till you serve complete notice and ask for more time.

Reference: It depends on what you have impliedly or expressly agreed with your employer. – 202100499-20210024-99

LAW5634

LAWAYZ-2023-40