Relieving Letter

I was working with an IT company where the notice period to be served is 3 months for leaving the organization. However, as per the policy, any short notice can be compensated by payment of salary in lieu of the short notice. I served notice of my resignation in July 2014 with a request to relieve me within a month and also offered to either adjust my accumulated paid leaves of 60 days or pay salary in lieu of the short notice of 2 months. I was not in a project at that point of time and hence no project deliverables were impacted due to my resignation. But till date they have not issued the relieving letter and settled my dues including July 20014 salary. When checked with them in August/Sept 2014 by phone, the HR team informed me that Business Unit head is contemplating recovery of business damages from me but till date there is no written communication to me. To every email I send to the HR POC, I get a response from them suggesting me to speak to the BU head for the reliever. I escalated to the HR Director through an email a couple of weeks back but not response.
Please suggest what is the course of action to be taken. more  

View all 13 comments Below 13 comments
Dear Mr. Chandramani Lal,
First of all, my sincere thanks to you for sparing your precious time in helping me with your guidance. I appreciate your views and advice and would definitely share the details of communication I had with my employer. more  
Dear Mr Smarajit Ghosh,

I sincerely appreciate your views.

Tons of regards. more  
very prudent advice , suggestion & guidance by Mr. Chandramani Lal. more  
Dear Mr Srinivas Aravalli,

Thank you for appreciating my reply. It is now stated by you that you communicated orally for relieving which was not acknowledged and thereafter you sent couple of emails. The emails were also not answered by the Company. In these circumstances you have to make sure that you had submitted the resignation in writing or by email to the Competent Authority/concerned authority through your immediate manager. If possible for you I would like to see the letter/email of resignation submitted by you in order to confirm what language was used by you.

Secondly I would also like to see the emails sent by you for relieving to confirm what you had written to the Company.

In such cases whenever an employee submits his resignation it is incumbent upon the Company to either to accept it or reject it. In case rejection is not communicated well in advance before last working day of the notice period then it would be assumed that the Company has accepted the resignation with the requests made therein. Simultaneously it was also required of you to hand over the charge to your immediate superior/Manager. This aspect is to be confirmed by you whether you handed over the charge or not.

I can guide you further only after hearing from you and looking at the documents mentioned above.

With regards,
C.M. Lal Srivastava
srivastavacmlal@gmail.com
9818680671 more  
Hello Mr. Srivastava, Thank you very much for your detailed analysis of my case and your valued suggestions. In most of the private companies I have worked (worked in mostly medium sized listed companies), what I have noticed is that neither the immediate reporting manager nor the HR team confirms in writing in response to the resignation that the same has been accepted. There is always oral communication that takes place with the employee to decide on the resignation. Finally when an agreement is reached to relieve the employee, the necessary formalities are initiated. In my case, initially I was also communicating orally with my reporting manager to relieve me asap but it was not accepted. I sent a couple of emails also requesting him to relieve me. Since there was no agreement to relieve me, I had no chance to deposit the salary in lieu short notice since it would not be accepted without proper authority. Hence I had no option but to stop attending office. Hence I am clueless what I should do to mitigate the issue. I agree with you that sorting out the matter cordially could be a better option than sending a LN, if the management cooperates. Otherwise I do not understand what to do. Your valued suggestions are always welcome. more  
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