Can an employer hold relieving letter if I am going to resign for my new job without notice period?

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I work in a branch of a stock broker. The company is small. At the time of my interview, I was promised a salary raise after two months. On this condition I joined this company, but now 8 months have passed and no raise is coming.



I want to resign from this job, but they ask for a notice period of one month, otherwise they will not provide the relieving letter to me. But nothing was mentioned about a notice period in my offer letter.



My new employer wants me to join within a week.

What can I do?







share|improve this question


















  • 3




    Find out if there is such a thing as a 'default notice period' under Indian law.
    – Jan Doggen
    Jun 26 '14 at 8:17






  • 1




    You can usually buy out of that notice period for a salary amount equal to the notice period salary. If they want you right away have them pay for your notice period.
    – IDrinkandIKnowThings
    Jun 26 '14 at 15:38






  • 6




    You have to pay to quit your job? Wow, Indian labor laws are messed up.
    – Codeman
    Jun 26 '14 at 22:28






  • 1




    @Pheonixblade9 - It really sucks. Here there is a standard option to skip your notice period by paying the notice period's worth of salary to the company. And some employers deny this even when mentioned in the employment papers.
    – Stark07
    Sep 8 '14 at 12:23










  • There is really no answer to the stubborn management in a small company. As the Indian saying does, try to reason with them, plead to them, if nothing go brute force. But we being a non-violent country, ignore the third stage and let life take its turn.
    – AAI
    Sep 16 '14 at 3:49
















up vote
4
down vote

favorite












I work in a branch of a stock broker. The company is small. At the time of my interview, I was promised a salary raise after two months. On this condition I joined this company, but now 8 months have passed and no raise is coming.



I want to resign from this job, but they ask for a notice period of one month, otherwise they will not provide the relieving letter to me. But nothing was mentioned about a notice period in my offer letter.



My new employer wants me to join within a week.

What can I do?







share|improve this question


















  • 3




    Find out if there is such a thing as a 'default notice period' under Indian law.
    – Jan Doggen
    Jun 26 '14 at 8:17






  • 1




    You can usually buy out of that notice period for a salary amount equal to the notice period salary. If they want you right away have them pay for your notice period.
    – IDrinkandIKnowThings
    Jun 26 '14 at 15:38






  • 6




    You have to pay to quit your job? Wow, Indian labor laws are messed up.
    – Codeman
    Jun 26 '14 at 22:28






  • 1




    @Pheonixblade9 - It really sucks. Here there is a standard option to skip your notice period by paying the notice period's worth of salary to the company. And some employers deny this even when mentioned in the employment papers.
    – Stark07
    Sep 8 '14 at 12:23










  • There is really no answer to the stubborn management in a small company. As the Indian saying does, try to reason with them, plead to them, if nothing go brute force. But we being a non-violent country, ignore the third stage and let life take its turn.
    – AAI
    Sep 16 '14 at 3:49












up vote
4
down vote

favorite









up vote
4
down vote

favorite











I work in a branch of a stock broker. The company is small. At the time of my interview, I was promised a salary raise after two months. On this condition I joined this company, but now 8 months have passed and no raise is coming.



I want to resign from this job, but they ask for a notice period of one month, otherwise they will not provide the relieving letter to me. But nothing was mentioned about a notice period in my offer letter.



My new employer wants me to join within a week.

What can I do?







share|improve this question














I work in a branch of a stock broker. The company is small. At the time of my interview, I was promised a salary raise after two months. On this condition I joined this company, but now 8 months have passed and no raise is coming.



I want to resign from this job, but they ask for a notice period of one month, otherwise they will not provide the relieving letter to me. But nothing was mentioned about a notice period in my offer letter.



My new employer wants me to join within a week.

What can I do?









share|improve this question













share|improve this question




share|improve this question








edited Jun 26 '14 at 7:37









Jan Doggen

11.5k145066




11.5k145066










asked Jun 26 '14 at 5:55









Deepika

2412




2412







  • 3




    Find out if there is such a thing as a 'default notice period' under Indian law.
    – Jan Doggen
    Jun 26 '14 at 8:17






  • 1




    You can usually buy out of that notice period for a salary amount equal to the notice period salary. If they want you right away have them pay for your notice period.
    – IDrinkandIKnowThings
    Jun 26 '14 at 15:38






  • 6




    You have to pay to quit your job? Wow, Indian labor laws are messed up.
    – Codeman
    Jun 26 '14 at 22:28






  • 1




    @Pheonixblade9 - It really sucks. Here there is a standard option to skip your notice period by paying the notice period's worth of salary to the company. And some employers deny this even when mentioned in the employment papers.
    – Stark07
    Sep 8 '14 at 12:23










  • There is really no answer to the stubborn management in a small company. As the Indian saying does, try to reason with them, plead to them, if nothing go brute force. But we being a non-violent country, ignore the third stage and let life take its turn.
    – AAI
    Sep 16 '14 at 3:49












  • 3




    Find out if there is such a thing as a 'default notice period' under Indian law.
    – Jan Doggen
    Jun 26 '14 at 8:17






  • 1




    You can usually buy out of that notice period for a salary amount equal to the notice period salary. If they want you right away have them pay for your notice period.
    – IDrinkandIKnowThings
    Jun 26 '14 at 15:38






  • 6




    You have to pay to quit your job? Wow, Indian labor laws are messed up.
    – Codeman
    Jun 26 '14 at 22:28






  • 1




    @Pheonixblade9 - It really sucks. Here there is a standard option to skip your notice period by paying the notice period's worth of salary to the company. And some employers deny this even when mentioned in the employment papers.
    – Stark07
    Sep 8 '14 at 12:23










  • There is really no answer to the stubborn management in a small company. As the Indian saying does, try to reason with them, plead to them, if nothing go brute force. But we being a non-violent country, ignore the third stage and let life take its turn.
    – AAI
    Sep 16 '14 at 3:49







3




3




Find out if there is such a thing as a 'default notice period' under Indian law.
– Jan Doggen
Jun 26 '14 at 8:17




Find out if there is such a thing as a 'default notice period' under Indian law.
– Jan Doggen
Jun 26 '14 at 8:17




1




1




You can usually buy out of that notice period for a salary amount equal to the notice period salary. If they want you right away have them pay for your notice period.
– IDrinkandIKnowThings
Jun 26 '14 at 15:38




You can usually buy out of that notice period for a salary amount equal to the notice period salary. If they want you right away have them pay for your notice period.
– IDrinkandIKnowThings
Jun 26 '14 at 15:38




6




6




You have to pay to quit your job? Wow, Indian labor laws are messed up.
– Codeman
Jun 26 '14 at 22:28




You have to pay to quit your job? Wow, Indian labor laws are messed up.
– Codeman
Jun 26 '14 at 22:28




1




1




@Pheonixblade9 - It really sucks. Here there is a standard option to skip your notice period by paying the notice period's worth of salary to the company. And some employers deny this even when mentioned in the employment papers.
– Stark07
Sep 8 '14 at 12:23




@Pheonixblade9 - It really sucks. Here there is a standard option to skip your notice period by paying the notice period's worth of salary to the company. And some employers deny this even when mentioned in the employment papers.
– Stark07
Sep 8 '14 at 12:23












There is really no answer to the stubborn management in a small company. As the Indian saying does, try to reason with them, plead to them, if nothing go brute force. But we being a non-violent country, ignore the third stage and let life take its turn.
– AAI
Sep 16 '14 at 3:49




There is really no answer to the stubborn management in a small company. As the Indian saying does, try to reason with them, plead to them, if nothing go brute force. But we being a non-violent country, ignore the third stage and let life take its turn.
– AAI
Sep 16 '14 at 3:49










2 Answers
2






active

oldest

votes

















up vote
3
down vote













Easiest way out is to mentioned some medical exigency and resign from the company. Do not mention that you are going on for another job. Try to talk with HR and get things done.



If they already know you are going for another company, and then holding the relieving letter, without suggesting any action, such as buying out the notice period or so, the best way is to get your friends and superior's to reason and bat for you. If even that is out of question, and the new company does not require a relieving letter, just jump to new company, ask an old friend in previous company for some relieving letter format and edit to make it yours. Nobody, is going to bother, since the broking company you are with, now, are totally useless people (since you have tried all options). It is recommended that you do not argue or go legal to get the letter. Handle the situation diplomatically. This part of answer may be unethical, but if the situation demands there is no go. Do this only if your new employer needs relevant experience and letter to act as proof. Otherwise, simply ignore this and move on with new company.






share|improve this answer




















  • While this may seem like a weird answer to say the least, I agree sometimes this is the only way to get things done. :-|
    – Thihara
    Sep 17 '14 at 6:53

















up vote
1
down vote













You can send them a legal notice to ask
them to issue you a relieving letter,
. If they refuse, you can file a damage suit in addition
to complaining the matter to the labour commissioner,






share|improve this answer


















  • 1




    Hey Manvendra, thanks for the post. It is a little scarce on detail - can you possibly flesh it out, and add details about why you are giving this advice/why it will help? Thanks
    – yochannah
    Nov 19 '14 at 7:39










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2 Answers
2






active

oldest

votes








2 Answers
2






active

oldest

votes









active

oldest

votes






active

oldest

votes








up vote
3
down vote













Easiest way out is to mentioned some medical exigency and resign from the company. Do not mention that you are going on for another job. Try to talk with HR and get things done.



If they already know you are going for another company, and then holding the relieving letter, without suggesting any action, such as buying out the notice period or so, the best way is to get your friends and superior's to reason and bat for you. If even that is out of question, and the new company does not require a relieving letter, just jump to new company, ask an old friend in previous company for some relieving letter format and edit to make it yours. Nobody, is going to bother, since the broking company you are with, now, are totally useless people (since you have tried all options). It is recommended that you do not argue or go legal to get the letter. Handle the situation diplomatically. This part of answer may be unethical, but if the situation demands there is no go. Do this only if your new employer needs relevant experience and letter to act as proof. Otherwise, simply ignore this and move on with new company.






share|improve this answer




















  • While this may seem like a weird answer to say the least, I agree sometimes this is the only way to get things done. :-|
    – Thihara
    Sep 17 '14 at 6:53














up vote
3
down vote













Easiest way out is to mentioned some medical exigency and resign from the company. Do not mention that you are going on for another job. Try to talk with HR and get things done.



If they already know you are going for another company, and then holding the relieving letter, without suggesting any action, such as buying out the notice period or so, the best way is to get your friends and superior's to reason and bat for you. If even that is out of question, and the new company does not require a relieving letter, just jump to new company, ask an old friend in previous company for some relieving letter format and edit to make it yours. Nobody, is going to bother, since the broking company you are with, now, are totally useless people (since you have tried all options). It is recommended that you do not argue or go legal to get the letter. Handle the situation diplomatically. This part of answer may be unethical, but if the situation demands there is no go. Do this only if your new employer needs relevant experience and letter to act as proof. Otherwise, simply ignore this and move on with new company.






share|improve this answer




















  • While this may seem like a weird answer to say the least, I agree sometimes this is the only way to get things done. :-|
    – Thihara
    Sep 17 '14 at 6:53












up vote
3
down vote










up vote
3
down vote









Easiest way out is to mentioned some medical exigency and resign from the company. Do not mention that you are going on for another job. Try to talk with HR and get things done.



If they already know you are going for another company, and then holding the relieving letter, without suggesting any action, such as buying out the notice period or so, the best way is to get your friends and superior's to reason and bat for you. If even that is out of question, and the new company does not require a relieving letter, just jump to new company, ask an old friend in previous company for some relieving letter format and edit to make it yours. Nobody, is going to bother, since the broking company you are with, now, are totally useless people (since you have tried all options). It is recommended that you do not argue or go legal to get the letter. Handle the situation diplomatically. This part of answer may be unethical, but if the situation demands there is no go. Do this only if your new employer needs relevant experience and letter to act as proof. Otherwise, simply ignore this and move on with new company.






share|improve this answer












Easiest way out is to mentioned some medical exigency and resign from the company. Do not mention that you are going on for another job. Try to talk with HR and get things done.



If they already know you are going for another company, and then holding the relieving letter, without suggesting any action, such as buying out the notice period or so, the best way is to get your friends and superior's to reason and bat for you. If even that is out of question, and the new company does not require a relieving letter, just jump to new company, ask an old friend in previous company for some relieving letter format and edit to make it yours. Nobody, is going to bother, since the broking company you are with, now, are totally useless people (since you have tried all options). It is recommended that you do not argue or go legal to get the letter. Handle the situation diplomatically. This part of answer may be unethical, but if the situation demands there is no go. Do this only if your new employer needs relevant experience and letter to act as proof. Otherwise, simply ignore this and move on with new company.







share|improve this answer












share|improve this answer



share|improve this answer










answered Sep 16 '14 at 3:47









AAI

604412




604412











  • While this may seem like a weird answer to say the least, I agree sometimes this is the only way to get things done. :-|
    – Thihara
    Sep 17 '14 at 6:53
















  • While this may seem like a weird answer to say the least, I agree sometimes this is the only way to get things done. :-|
    – Thihara
    Sep 17 '14 at 6:53















While this may seem like a weird answer to say the least, I agree sometimes this is the only way to get things done. :-|
– Thihara
Sep 17 '14 at 6:53




While this may seem like a weird answer to say the least, I agree sometimes this is the only way to get things done. :-|
– Thihara
Sep 17 '14 at 6:53












up vote
1
down vote













You can send them a legal notice to ask
them to issue you a relieving letter,
. If they refuse, you can file a damage suit in addition
to complaining the matter to the labour commissioner,






share|improve this answer


















  • 1




    Hey Manvendra, thanks for the post. It is a little scarce on detail - can you possibly flesh it out, and add details about why you are giving this advice/why it will help? Thanks
    – yochannah
    Nov 19 '14 at 7:39














up vote
1
down vote













You can send them a legal notice to ask
them to issue you a relieving letter,
. If they refuse, you can file a damage suit in addition
to complaining the matter to the labour commissioner,






share|improve this answer


















  • 1




    Hey Manvendra, thanks for the post. It is a little scarce on detail - can you possibly flesh it out, and add details about why you are giving this advice/why it will help? Thanks
    – yochannah
    Nov 19 '14 at 7:39












up vote
1
down vote










up vote
1
down vote









You can send them a legal notice to ask
them to issue you a relieving letter,
. If they refuse, you can file a damage suit in addition
to complaining the matter to the labour commissioner,






share|improve this answer














You can send them a legal notice to ask
them to issue you a relieving letter,
. If they refuse, you can file a damage suit in addition
to complaining the matter to the labour commissioner,







share|improve this answer














share|improve this answer



share|improve this answer








edited Nov 19 '14 at 4:23

























answered Nov 19 '14 at 3:36









Manvendra singh

112




112







  • 1




    Hey Manvendra, thanks for the post. It is a little scarce on detail - can you possibly flesh it out, and add details about why you are giving this advice/why it will help? Thanks
    – yochannah
    Nov 19 '14 at 7:39












  • 1




    Hey Manvendra, thanks for the post. It is a little scarce on detail - can you possibly flesh it out, and add details about why you are giving this advice/why it will help? Thanks
    – yochannah
    Nov 19 '14 at 7:39







1




1




Hey Manvendra, thanks for the post. It is a little scarce on detail - can you possibly flesh it out, and add details about why you are giving this advice/why it will help? Thanks
– yochannah
Nov 19 '14 at 7:39




Hey Manvendra, thanks for the post. It is a little scarce on detail - can you possibly flesh it out, and add details about why you are giving this advice/why it will help? Thanks
– yochannah
Nov 19 '14 at 7:39












 

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