A relieving letter is a formal way of informing the employee that the resignation has been accepted. It also indicates their last day of employment. It is usually issued to the employees when they leave the organization. They need to submit an essential document to the potential company while switching jobs. It is documented proof that candidates can show their prospective company to ensure they have no other obligation with their earlier employer. It also proves that the employer has left the previous company with no issues.
However, the problem is that most employees do not even consider taking their experience or relieving letter when leaving the company. So, this article is written to inform candidates/ jobseekers on the importance of getting a relieving letter from the previous company while switching jobs. Also, know all about how to ask for a relieving letter.
Significance of Relieving letter
Why is a Relieving letter important?
How to ask for a Relieving Letter from Your Company?
Should You Get a Relieving Letter from Your Company?
Facts and Figures
The newly formed Information Technology Employees Senate (NITES) has filed a complaint with the Centre regarding contract guidelines prohibiting former employees from working with competitors TCS, Wipro, Cognizant, IBM, and Accenture.
A relieving letter is a necessary document for a person to show in their following organization. Your relieving letter from the previous employer indicates that you have paid off all the arrears, and there is no work pending. This helps the organizations ensure that the employee who will resign is completely relieved of his duties and not still working for any other company.
This document must be printed on the company letterhead where the employee has worked. It must be signed by the company’s authorised representative, i.e. the HR manager and the Team Lead/ Manager. In most states, employees should be given a relieving letter and an experience certificate as soon as they leave the organisation. The tone of the letter should be formal and polite. It must refer to the worker’s resignation letter and is the enterprise’s practice.
A relieving letter is an appropriate way to indicate to an employee that their resignation has been established and that they have been transferred using the employment contract from which they have been discharged or have resigned. This letter will have to be submitted to potential employers.
Examples of Relieving letter
To whom it may concern
Date – …………….
Sub. Relieving letter
Dear Mr. …………
It refers to your letter of resignation dated 30 April 2022, in which you requested to be discharged from the company’s service on 30 May 2022.
We would also like to inform you that this has accepted your resignation, and you are being removed from the company’s services after one month’s notice period from the office hours of 30 May 2022.
We also certify that the full and final settlement organization has cleared your account.
Your contribution to the organization and its success will always be appreciated.
We at the company wish you all the best in your future endeavors.
For your sincerely,
Sign of HR Officer or Director
Sub – Relieving letter
This has reference to your resignation letter dated 2012 from the company’s services.
In this respect, we would like to inform you that your resignation from the company’s services has been accepted and you will be relieved w.e.f. 2012 on the closing of working hours.
We wish you all the success in your future endeavors.
Sign of HR or Director
However, there are times when an employer refuses to accept an employee’s resignation. This could be due to the employee failing to complete the notice period or some other issue for which the employer can terminate the employee. It is not always possible for your employer or company to issue your relieving letter without you having served your notice period. In some cases, an employer may need to buy out the notice period and reduce it to fewer days as per company policy and norms.
See this example of a multi-national company denying to give the relieving letter until the employee has signed a “no objection letter” declaring that they would not take up a job in the same industry for a stipulated period. According to a Delhi High Court advocate, “In these circumstances, an aggrieved employee can file a civil suit for a mandatory injunction against the employer directing the employer to hand over the relieving letter to the employee and for salary recovery and damages.” However, another Senior Official of an HR Law Practice at a Law Firm states, “Different labour laws contain overlapping definitions for terms such as ’employee/workman’, ‘wages’, ‘employer’, etc. There are situations where a particular labour law may apply to one set of employees in an establishment, whereas the rest of the employees may be excluded. This means that an individual’s applicability of particular labour law will first have to be determined to comment on the benefits/protections available to such individuals”.
What should be the further course of action if the current employer is delaying the relieving letter? Here are some questions to consider:
The relieving letter is critical as it is issued to the employees serving the notice period. Coincidentally, if an employee runs away from the notice period and ignores the importance of the relieving letter, they have to face severe complications in finding other jobs. Wherever you go, each company asks you for documentary evidence of the time you spent in your previous company. No company is willing to take you seriously without that proof. You must have a relieving letter to use joining relieving letters and prove that you were working for that company at that time.
Check whether a relieving letter is mentioned in the resignation letter email if the employer does not provide one after the notice period. Additionally, ensure that you have a knowledge transfer document ready and prepared. It must be given to someone in charge, and you must keep a copy. While you’re at it, make sure you’re not violating any privileged information or clauses. Please keep in mind that if your new employer wants you to start sooner, you must first check with your previous or current employer. There will be a clause regarding the possibility of buying out the notice. The provision of compensation to the Notice is an option. If this is not possible, discuss the situation with your new employer and politely request more time. The other option is to join the new company after you have served your notice period. The problem is that your current employer still employs you. You must address the issue with your employers and request a copy of your previous employer’s resignation acceptance letter to send to your current one.
Has the company acknowledged your resignation letter?
Have you completed the required notice period?
If the answer to the preceding questions is ‘Yes,’ the relieving letter should not be a problem. You are free to join the new company without fear of legal repercussions. If you file a lawsuit, your previous employer will face legal consequences for failing to issue a relieving letter.
According to the Limitation Act, the application must be made to the authority within three years of the incident. Please submit the necessary documents and current conditions. It is also good to distribute the employment agreement and appointment letter. If the matter is not being resolved amicably, you must notify an advocate. Please submit any relevant documents.
After going through this article, we can conclude that the relieving letter is so vital that it can affect our future job.
When you join a new employer, the release letter of the previous employer is usually asked. They may ask the former employer for a release letter to verify that you are free of any obligations. If you are asked, you can say that you do not have a 12 months experience certificate. It doesn’t matter. But always remember to get publications and experience certificates in the future. Such records are more required in government companies. You still have a long career balance; even in the sixties, who knows what kind of paper you want in the air. So from now as you move forward with your new job offer and make arrangements for it, be sure to collect your relieving letter before joining the next company.
A relieving letter is a document given to an employee after his resignation. In the relieving letter, the organisation’s HR department confirms the letter of resignation to the employee and records the last date of the job. Whereas the experience letter tells you what kind of experience you have and the period from the beginning to end. It helps as evidence and allows the employee further in their career.
It is impossible to issue your relieving letter to the employer or company without completing the notice period. In some cases, an employer needs to reduce the notice period to purchase and a few days to help as per the company policy and rules.
Get a hard copy of the resignation letter from any team member of the HR team. Receipt of resignation letter can be submitted as a relief letter.
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