Recruitment/talent Acquisition, Career Counselling
Private Consultant On Labour Laws
Chartered Accountant
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Thread Started by #Deepak_M1978

Hi Team,
As per terms & conditions of employment 3 months of notice period is required. I agreed to give full notice period while submitting my resignation and mentioned the same with-in.
My supervisor asked me to find a replacement. Whatever profiles i selected from staffing team, he rejected them with a reason lack of required competency(i don't think that is the actual reason). He also mentioned that even though his boss and my supreme boss is willing to release me earlier but he will not do so even if he can(all said verbally). Now he is threatening me that he'll extend my last working day if he will not find suitable resource and that will put me in a difficult situation if my next employer will not agree for extension. He is just trying to be personal with me and make misuse of it.
Pls. advice what are my rights as per law and HR practice and what shall in do in this case.
13th May 2014 From India, Hyderabad
Hi Deepak,
Your offer letter which was given by the company (Resgined Company) definetely will contain the terms of termination/resignation.
Generally as a HR practise, XX month will be mentioned which can be decreased by payment of short notice.
However, it cannot be increased in any case by the employer as the offer letter mentions only 3 months in your case
Indian Contract Act is applicable to your case very much,
I suggest you speak to HR HOD/Director to resolve this issue rather than involving in legal litigations. Get your manager and HR on the same page
Hope it answered your query
All the best in your new company
13th May 2014 From India, Chennai
Finding replacement is not your responsibility. If you fulfilled your contract/appointment terms and conditions, they can't coerce you. Your present boss may be playing with you if your statement is right.
13th May 2014 From India, Lucknow
Dear Deepak,

While tendering your resignation, you did a right thing by giving three months notice in terms & conditions of your appointment. It seems to be your generosity that you have agree to arrange a replacement, otherwise it is not the duty of outgoing person to arrange his replacement. Even you have tried to select some persons from your staffing team but he rejected them giving reason of lack of required competency.What I could perceive that your boss is trying to find a person matching your competency level, which may be the reason of his rejection of the candidate,you select.

I can well imagine the worry of your boss as you must be handling some important assignment,which is likely to suffer in your absence. Every issue has a solution by mutual discussions.You can suggest your boss that he can take the resonsibility of training a person (mutually selected) during the period of your notice period, who can be competent enough tio handle your desk independently. I think three months period is enough to train a person of an average Intelligence quotient (I.Q).

There is no doubt that the management can relieve you before three months, if they wish but I think they are have no power to extend the notice period of their own on the plea of non-availability of replacement. If they do so, their action will be terms as victimisation, which you can any time challenge in the appriopriate Govt. forum.

BS Kalsi

Member since Aug 2011
14th May 2014 From India, Mumbai
Thank you all for your valuable thoughts. Point is that it is already 2 months gone and he has been kept rejecting other files. Now he has chosen one profile just 4 days before my last working day. Also neither he has informed the client nor allowing me to discuss with client.
If I want to discuss further then just replies leave it upto me. I think I should involve HR head now.
15th May 2014 From India, Hyderabad
Hello Deepak,

I guess you already delayed escalating the issue to HR or your boss's boss.

Like Pon mentioned it's NOT your job to find a replacement. More than your boss being unable to find someone of your caliber, it seems as though he is devising dirty tricks to delay your relieving--MAYBE with the assumption that your other Offer will lapse if you don't join as per schedule.

Just go ahead & escalate the issue--EXCEPT that you need to put everything IN-WRITING. Send a mail to your boss--with cc: to whoever you think needs to be involved from now on. BUT....PL NOTE.....let there NOT be any complaining or finger-pointing towards anyone, including your boss. Else, that's bound to harden your boss's stand & be counter-productive to you. Just stick to the facts of the case & insist that you need to be relieved on so-and-so date, as per the Appointment & Resignation Letters & the HR Policy.

The purpose of addressing the mail to your boss is to ensure that he doesn't get any impression that you intend bypassing him.

All the Best.


18th May 2014 From India, Hyderabad
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