You are correct that such people need to be taken to task by senior management . I want to know how I can approach the Chief HR without creating too much of a scene as I fear that they may treat me like 3rd class citizen as I am leaving the company and then act like a puppet of delivery manager instead of being neutral.
Do you have any acknowledgement from your current employer regarding
the submission of resignation letter.
Acknowledgement and Acceptance are two different things.
If your new employer is convinced that the existing employer has to release you in 60 days ( show him the proof of your appointment letter with the existing company) and he also has the acknowledgement for his reference, things should work out in your favour.
But if you have no proof of submission of resignation letter, then it has to be sorted out first unless the second employer ignores that.
V.Raghunathan..................................... ........Navi Mumbai
I have the appointment letter which states that the notice period is 60 days and that is printed in company letter head
I also have emails acknowledging the resignation and that the exit request has been approved but they arent in the company letter head
.I also have a printout of an undertaking stating that I agreed to the terms and conditions of exit and it is signed by me.
The undertaking states that I agree to do the knowledge transfer before leaving the services of the company and failing which the company can take legal proceedings against me
A knowledge transfer can be done to anyone from the team and I have already done that to a member of the team and he is working for well over a year with me and thus isnt a new person with no experience . I can also get signed documents from him stating that I have done all required Knowledge transfer to him and that he has nothing more to learn from me.
No where in the agreement nor in the company's official exit policy , it states that I have to wait like a prisoner for an indefinite period eg 75 ,90,100,120 days for a new replacement resource to arrive from outside the company and do the knowledge transfer to him before I can be released.
This not only goes against the company's exit policy but also violates indian labor law and I have understood that he can actually be taken to court for ruining someone's future . The exit policy is not created by him to twist it according to his needs and he doesnt have the authority to change it as he is neither a director on the Board nor a HR
You can have a free and frank talk with the propective employer and decide accordingly.
I feel your case is clear.
You can create evidences about your willingness to do the knowledge transfer
and keep in record about the lack of response. This will protect you legally.
V.Raghunathan..................................... .....Navi Mumbai