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Employer not accepting my resignation and Threatens me by Not giving Relieving Letter [closed]
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I'm so badly upset now! I'm working for a small company in Chennai, India for around 3 years. I was having a good relationship with my Team & management in the past years. But when i decided to leave my job after having a good offer from an MNC things are gone upside down.
I formally applied for resignation and asked the management that i can duly serve the 3 months notice period. The new MNC company also agreed for this 3 months Notice period.
But my current Employer is not accepting my resignation now & also want me to serve for one more year and they will not increase my pay during this period.
They are threatening me that if i resign now i will not get my Relieving letter and also they will not refer me in future. They say that they are completely under the legal bounds. I am so vexed and tried so hard to convince them that i can transfer my work to others in this 3 months notice period but they are totally disagreeing to this.
I'm a soft person and i did not spoke anything hard.
- How can i explain my situation to my new employer?
- What are the legal things that i can take advantage of?
- Would this affect my career?
software-industry human-resources india relieving-letter
edited May 6 '16 at 18:14
keshlam
41.5k1267144
asked May 6 '16 at 18:07
Employee_007
163
closed as off-topic by Dan Pichelman, Chris E, AndreiROM, gnat, Dawny33 May 7 '16 at 3:56
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, AndreiROM, Dawny33
suggest improvements |Â
up vote
2
down vote
favorite
I'm so badly upset now! I'm working for a small company in Chennai, India for around 3 years. I was having a good relationship with my Team & management in the past years. But when i decided to leave my job after having a good offer from an MNC things are gone upside down.
I formally applied for resignation and asked the management that i can duly serve the 3 months notice period. The new MNC company also agreed for this 3 months Notice period.
But my current Employer is not accepting my resignation now & also want me to serve for one more year and they will not increase my pay during this period.
They are threatening me that if i resign now i will not get my Relieving letter and also they will not refer me in future. They say that they are completely under the legal bounds. I am so vexed and tried so hard to convince them that i can transfer my work to others in this 3 months notice period but they are totally disagreeing to this.
I'm a soft person and i did not spoke anything hard.
- How can i explain my situation to my new employer?
- What are the legal things that i can take advantage of?
- Would this affect my career?
software-industry human-resources india relieving-letter
edited May 6 '16 at 18:14
keshlam
41.5k1267144
asked May 6 '16 at 18:07
Employee_007
163
closed as off-topic by Dan Pichelman, Chris E, AndreiROM, gnat, Dawny33 May 7 '16 at 3:56
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, AndreiROM, Dawny33
7
I think your best bet would be to contact a lawyer immediately. If there's no information in your contract about this sort of condition then threatening you to withhold your relieving letter is probably illegal. Then again, I'm not an expert on Indian labor laws. I must repeat: contact a lawyer immediately.
– AndreiROM
May 6 '16 at 18:09
1
Possible duplicate of Current employer won't accept my resignation, and knows where my new company is?
– Dan Pichelman
May 6 '16 at 18:12
2
Note that this kind of nonsense is common enough that we have a relieving letter tag specifically for it. I don't think most of us can help, since India's employment system is it's own unique nightmare, often involving what most of the world would call blackmail. The best I can suggest would be looking for an expert on Indian employment law.
– keshlam
May 6 '16 at 18:19
2
India employment law sounds like slave labor to me. This seems to be quite egregious and many employment lawyers in the US would be salivating at suing them into the ground, but I don't know what options there are under Indian law.
– Bill Leeper
May 6 '16 at 18:31
Before even reading OP's name , just by reading the Question title, I came to know its 100% Indian company :). Believe that !
– Pratik C Joshi
May 8 '16 at 11:44
suggest improvements |Â
up vote
2
down vote
favorite
up vote
2
down vote
favorite
I'm so badly upset now! I'm working for a small company in Chennai, India for around 3 years. I was having a good relationship with my Team & management in the past years. But when i decided to leave my job after having a good offer from an MNC things are gone upside down.
I formally applied for resignation and asked the management that i can duly serve the 3 months notice period. The new MNC company also agreed for this 3 months Notice period.
But my current Employer is not accepting my resignation now & also want me to serve for one more year and they will not increase my pay during this period.
They are threatening me that if i resign now i will not get my Relieving letter and also they will not refer me in future. They say that they are completely under the legal bounds. I am so vexed and tried so hard to convince them that i can transfer my work to others in this 3 months notice period but they are totally disagreeing to this.
I'm a soft person and i did not spoke anything hard.
- How can i explain my situation to my new employer?
- What are the legal things that i can take advantage of?
- Would this affect my career?
software-industry human-resources india relieving-letter
edited May 6 '16 at 18:14
keshlam
41.5k1267144
asked May 6 '16 at 18:07
Employee_007
163
I'm so badly upset now! I'm working for a small company in Chennai, India for around 3 years. I was having a good relationship with my Team & management in the past years. But when i decided to leave my job after having a good offer from an MNC things are gone upside down.
I formally applied for resignation and asked the management that i can duly serve the 3 months notice period. The new MNC company also agreed for this 3 months Notice period.
But my current Employer is not accepting my resignation now & also want me to serve for one more year and they will not increase my pay during this period.
They are threatening me that if i resign now i will not get my Relieving letter and also they will not refer me in future. They say that they are completely under the legal bounds. I am so vexed and tried so hard to convince them that i can transfer my work to others in this 3 months notice period but they are totally disagreeing to this.
I'm a soft person and i did not spoke anything hard.
- How can i explain my situation to my new employer?
- What are the legal things that i can take advantage of?
- Would this affect my career?
software-industry human-resources india relieving-letter
edited May 6 '16 at 18:14
keshlam
41.5k1267144
asked May 6 '16 at 18:07
Employee_007
163
edited May 6 '16 at 18:14
keshlam
41.5k1267144
edited May 6 '16 at 18:14
keshlam
41.5k1267144
edited May 6 '16 at 18:14
keshlam
41.5k1267144
41.5k1267144
asked May 6 '16 at 18:07
Employee_007
163
asked May 6 '16 at 18:07
Employee_007
163
asked May 6 '16 at 18:07
Employee_007
163
163
closed as off-topic by Dan Pichelman, Chris E, AndreiROM, gnat, Dawny33 May 7 '16 at 3:56
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, AndreiROM, Dawny33
closed as off-topic by Dan Pichelman, Chris E, AndreiROM, gnat, Dawny33 May 7 '16 at 3:56
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, AndreiROM, Dawny33
7
I think your best bet would be to contact a lawyer immediately. If there's no information in your contract about this sort of condition then threatening you to withhold your relieving letter is probably illegal. Then again, I'm not an expert on Indian labor laws. I must repeat: contact a lawyer immediately.
– AndreiROM
May 6 '16 at 18:09
1
Possible duplicate of Current employer won't accept my resignation, and knows where my new company is?
– Dan Pichelman
May 6 '16 at 18:12
2
Note that this kind of nonsense is common enough that we have a relieving letter tag specifically for it. I don't think most of us can help, since India's employment system is it's own unique nightmare, often involving what most of the world would call blackmail. The best I can suggest would be looking for an expert on Indian employment law.
– keshlam
May 6 '16 at 18:19
2
India employment law sounds like slave labor to me. This seems to be quite egregious and many employment lawyers in the US would be salivating at suing them into the ground, but I don't know what options there are under Indian law.
– Bill Leeper
May 6 '16 at 18:31
Before even reading OP's name , just by reading the Question title, I came to know its 100% Indian company :). Believe that !
– Pratik C Joshi
May 8 '16 at 11:44
suggest improvements |Â
7
I think your best bet would be to contact a lawyer immediately. If there's no information in your contract about this sort of condition then threatening you to withhold your relieving letter is probably illegal. Then again, I'm not an expert on Indian labor laws. I must repeat: contact a lawyer immediately.
– AndreiROM
May 6 '16 at 18:09
1
Possible duplicate of Current employer won't accept my resignation, and knows where my new company is?
– Dan Pichelman
May 6 '16 at 18:12
2
Note that this kind of nonsense is common enough that we have a relieving letter tag specifically for it. I don't think most of us can help, since India's employment system is it's own unique nightmare, often involving what most of the world would call blackmail. The best I can suggest would be looking for an expert on Indian employment law.
– keshlam
May 6 '16 at 18:19
2
India employment law sounds like slave labor to me. This seems to be quite egregious and many employment lawyers in the US would be salivating at suing them into the ground, but I don't know what options there are under Indian law.
– Bill Leeper
May 6 '16 at 18:31
Before even reading OP's name , just by reading the Question title, I came to know its 100% Indian company :). Believe that !
– Pratik C Joshi
May 8 '16 at 11:44
7
7
I think your best bet would be to contact a lawyer immediately. If there's no information in your contract about this sort of condition then threatening you to withhold your relieving letter is probably illegal. Then again, I'm not an expert on Indian labor laws. I must repeat: contact a lawyer immediately.
– AndreiROM
May 6 '16 at 18:09
I think your best bet would be to contact a lawyer immediately. If there's no information in your contract about this sort of condition then threatening you to withhold your relieving letter is probably illegal. Then again, I'm not an expert on Indian labor laws. I must repeat: contact a lawyer immediately.
– AndreiROM
May 6 '16 at 18:09
1
1
Possible duplicate of Current employer won't accept my resignation, and knows where my new company is?
– Dan Pichelman
May 6 '16 at 18:12
Possible duplicate of Current employer won't accept my resignation, and knows where my new company is?
– Dan Pichelman
May 6 '16 at 18:12
2
2
Note that this kind of nonsense is common enough that we have a relieving letter tag specifically for it. I don't think most of us can help, since India's employment system is it's own unique nightmare, often involving what most of the world would call blackmail. The best I can suggest would be looking for an expert on Indian employment law.
– keshlam
May 6 '16 at 18:19
Note that this kind of nonsense is common enough that we have a relieving letter tag specifically for it. I don't think most of us can help, since India's employment system is it's own unique nightmare, often involving what most of the world would call blackmail. The best I can suggest would be looking for an expert on Indian employment law.
– keshlam
May 6 '16 at 18:19
2
2
India employment law sounds like slave labor to me. This seems to be quite egregious and many employment lawyers in the US would be salivating at suing them into the ground, but I don't know what options there are under Indian law.
– Bill Leeper
May 6 '16 at 18:31
India employment law sounds like slave labor to me. This seems to be quite egregious and many employment lawyers in the US would be salivating at suing them into the ground, but I don't know what options there are under Indian law.
– Bill Leeper
May 6 '16 at 18:31
Before even reading OP's name , just by reading the Question title, I came to know its 100% Indian company :). Believe that !
– Pratik C Joshi
May 8 '16 at 11:44
Before even reading OP's name , just by reading the Question title, I came to know its 100% Indian company :). Believe that !
– Pratik C Joshi
May 8 '16 at 11:44
suggest improvements |Â
1 Answer
1
active
oldest
votes
up vote
6
down vote
accepted
Talk to a labour lawyer immediately.
What they are trying to do is likely illegal however local law and the specifics of your contract will come into play. Don't talk to your new employer until your labour lawyer advises you that it is ok. Trouble with your start date could make the new employer decide against hiring you, so be 100% sure about your actual availability before saying anything.
answered May 6 '16 at 18:13
Myles
25.4k658104
@Employee_007 Please let us know how the situation resolves.
– Myles
May 9 '16 at 14:21
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
6
down vote
accepted
Talk to a labour lawyer immediately.
What they are trying to do is likely illegal however local law and the specifics of your contract will come into play. Don't talk to your new employer until your labour lawyer advises you that it is ok. Trouble with your start date could make the new employer decide against hiring you, so be 100% sure about your actual availability before saying anything.
answered May 6 '16 at 18:13
Myles
25.4k658104
@Employee_007 Please let us know how the situation resolves.
– Myles
May 9 '16 at 14:21
suggest improvements |Â
up vote
6
down vote
accepted
Talk to a labour lawyer immediately.
What they are trying to do is likely illegal however local law and the specifics of your contract will come into play. Don't talk to your new employer until your labour lawyer advises you that it is ok. Trouble with your start date could make the new employer decide against hiring you, so be 100% sure about your actual availability before saying anything.
answered May 6 '16 at 18:13
Myles
25.4k658104
@Employee_007 Please let us know how the situation resolves.
– Myles
May 9 '16 at 14:21
suggest improvements |Â
up vote
6
down vote
accepted
up vote
6
down vote
accepted
Talk to a labour lawyer immediately.
What they are trying to do is likely illegal however local law and the specifics of your contract will come into play. Don't talk to your new employer until your labour lawyer advises you that it is ok. Trouble with your start date could make the new employer decide against hiring you, so be 100% sure about your actual availability before saying anything.
answered May 6 '16 at 18:13
Myles
25.4k658104
Talk to a labour lawyer immediately.
What they are trying to do is likely illegal however local law and the specifics of your contract will come into play. Don't talk to your new employer until your labour lawyer advises you that it is ok. Trouble with your start date could make the new employer decide against hiring you, so be 100% sure about your actual availability before saying anything.
answered May 6 '16 at 18:13
Myles
25.4k658104
answered May 6 '16 at 18:13
Myles
25.4k658104
answered May 6 '16 at 18:13
Myles
25.4k658104
answered May 6 '16 at 18:13
Myles
25.4k658104
25.4k658104
@Employee_007 Please let us know how the situation resolves.
– Myles
May 9 '16 at 14:21
suggest improvements |Â
@Employee_007 Please let us know how the situation resolves.
– Myles
May 9 '16 at 14:21
@Employee_007 Please let us know how the situation resolves.
– Myles
May 9 '16 at 14:21
@Employee_007 Please let us know how the situation resolves.
– Myles
May 9 '16 at 14:21
suggest improvements |Â
7
I think your best bet would be to contact a lawyer immediately. If there's no information in your contract about this sort of condition then threatening you to withhold your relieving letter is probably illegal. Then again, I'm not an expert on Indian labor laws. I must repeat: contact a lawyer immediately.
– AndreiROM
May 6 '16 at 18:09
1
Possible duplicate of Current employer won't accept my resignation, and knows where my new company is?
– Dan Pichelman
May 6 '16 at 18:12
2
Note that this kind of nonsense is common enough that we have a relieving letter tag specifically for it. I don't think most of us can help, since India's employment system is it's own unique nightmare, often involving what most of the world would call blackmail. The best I can suggest would be looking for an expert on Indian employment law.
– keshlam
May 6 '16 at 18:19
2
India employment law sounds like slave labor to me. This seems to be quite egregious and many employment lawyers in the US would be salivating at suing them into the ground, but I don't know what options there are under Indian law.
– Bill Leeper
May 6 '16 at 18:31
Before even reading OP's name , just by reading the Question title, I came to know its 100% Indian company :). Believe that !
– Pratik C Joshi
May 8 '16 at 11:44