Employer refuses to give relieving order/letter? (India) [duplicate]

Question

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• How to handle being given new tasks during my notice period, and not yet having received a relieving letter (India)? 2 answers

This is my first company and I have been working here for almost a year now. It is a small company of about thirty employees and we mostly communicate verbally than through email or other means. When I was interviewed/appointed a year ago I was asked if I would contribute to the organisation for at least two years and I said yes, (I never did sign or make any legal contract/document), but now I have an offer from another pretty big concern and this being an undeniable offer I couldn't resist but talked to my employer about leaving the concern now he refuses to give me a relieving order/letter and says I should continue to contribute for at least two more years in order to get a relieving order, (I could detect a lot of bitterness in his tone).

To add further:- I work night shifts from 9PM to 9AM. Pretty much doesn't leave home if work is pending and provide support like 24*7. I even worked lot of Sundays and practically involved myself in getting the work done. I was the go to guy for any new adventurous tasks now I feel like I've blown it all away. This is the same situation for almost everyone appointed with me but nobody tried leaving till now.

_{A relieving letter is a formal letter from the employer stating your work period, current CTC and stating that you are relieved from your work as of this date and so on. It is mandatory that I provide it to the new employer else I could be considered as absconded and employers will not hire me.}

Is there a way I can convince the one offering a job for not being able to produce any relieving letter? will that be professional to do so?

Answer 1

To answer the question,

"Can I choose leave my job before my two years is over?"

Just ask yourself the question,

"If it turned out that I was lazy, incompetent, and unpleasant, could my employer dismiss me before my two years is over?"

The answer is obviously yes. (If anyone knows an employer who won't, please let me know - I'd love to work for them.)

Therefore it is not reasonable to assume you are "bound" to work by a contract. Such an agreement serves as a good faith understanding that if all goes well, all parties will make their best effort to see the contract through.

Further, a contract or agreement more or less lays out:

1) What the work will be

2) At what rate the contractor will be compensated until the expiry of the contract

If you want to leave at any time, you can. I can't speak to any blacklist since these practices vary from place to place. Most of the time though, "blacklisting" is something people in weak negotiating positions say to scare you.

I would recommend you make a good faith effort to continue, and ask your employer to match the terms of the new contract.

If they do not, they have failed to make a good faith effort to keep the working relationship alive, and you may end your contract, with appropriate notice, at no risk of unprofessionalism.