I've been working as a marketing executive in an IT firm for about 14 months. I got a new job offer and asked HR and my manager if I could be released early. I emailed them saying I can't serve the full notice period – I can work for only one month and will pay the buy‑out for the remaining days. I also mentioned that all my tasks are finished and the knowledge transfer is ready for handover. They refused, saying they won't relieve me unless a replacement is found, and that if I don't serve the full notice they won't give me an experience letter. I have proof – salary slips, my ID card, appointment letter, offer and confirmation letters, and invoices that list me as an employee with the company's address. My appointment letter doesn't say that an experience letter is conditional on completing the notice period. Can I take legal action?
1. Keep all communication on email so you have a clear paper trail.
2. • Approach the Labour Commissioner office in your area (Odisha)
• Or file a grievance on the Ministry of Labour and Employment's CPGRAMS portal.
Make sure you don't show any sign of giving up and name the HR person directly – they need to know their actions could affect their own career, not just the company's. Being overly polite won't help here.
You won't get a court decision on this matter before you retire.