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I have been working with this organization in for over 3 years.

In July 2014, they sent me to UK for a project. There were no timelines of the return dates which were signed or agreed upon. However a faint understanding was that i would be here for 3 to 5 months and another person would replace me. Now, While i am still here in UK, I have got an offer from a dream company in india and want to join them. I have resigned and am completing the notice period of 45 days which i plan to server till November 23 2014 (45 Days). Based on the 45 days notice period i have informed my new employer that i will report to work the day after the end of my notice period. 13 days have passed since i have resigned and i have sent enough email requesting them to arrange for me to come back to inda, plan the knowledge transfer etc, but they have not accepted my resignation and are now telling me not to consider 45 days as my notice period as i am onsite and there are visa dependencies to send someone to replace me in UK. I have checked my offer letter and below is what is mentioned :

" if and after you are confirmed in service, your employement will be terminable by either side by giving to the other one and half (1.5) Full calander months written notice. The said letter, to be valid and acceptable by the company, has to be acknowledged by both your manager and the HR"

There is no mention of any change in notice period mentioned if someone is onsite.

I cannot afford to skip the joining date of the new employer but my current employer is not co-operating even though i am co-operating to complete the notice period. I am really tensed about this situation. Please let me know how should i proceed for a smooth transition to my dream company. I am ready to take any kind of legal action on them if required as i do not want to lose this opportunity at any cost. Looking forward for your revert!

From United Kingdom, London
Dear Sujay
Please discuss with your line manager and HR regarding the issue. Explain your position and request them for smooth transition.
Further you can talk to your new employer regarding this issue and if required, then give them in writing regarding your relieving problem in your present organization. If they are ready to accept your services without the relieving letter, then you need not to worry about the other formalities.
Hope you sent the Resignation letter to your present employer. Keep the record for sending the same through post and email. If you received any reply keep the same also in your personal mail id and keep the print out of all the correspondence taking place between you and your present employer as well as your new employer.

From India, Kumbakonam
Thanks For your inputs Dear Bhaskar,

I am sure of the fact that the new employer would not change the joining date as the person i am replacing at my new employer is leaving in a weeks time of my joining. Hence they expect atleast a week's Knowledge transfer.

I have spoken to my line manager and his boss as well, all i get to hear is that, they are trying to find a resource and are checking the contract with the customer in UK and that i will need to stay onsite till a replacement is sent to UK. They have not accepted my resignation even though 13 days have passed.

As i mentioned, 13 days have passed and i don't see any effort put in to find a resource to replace me. They would rather take their own sweet time and force me to extend my stay.

There is no way i can extend my stay beyond my notice period as my flight tickets and stay arrangements have already been done plus the new employer might cancel my offer if i am not present for a week's Knowledge transfer. This is a once in a life time offer for me. I am leaving UK to come back to India to join this organization, so you can imagine how important it is for me to join the new employer.

Am i entiteled to stay and extend my notice period because of the current employer' inefficiency to find a replacement. Please let me know what i should do. I am really tensed about this.

From United Kingdom, London
There are 2 sides of this problem :

First, notice period is always what is stated in your appointment letter or standing orders. If the notice period is to be modified, it must be communicated in writing and accepted by the employee. So, in your case 1.5 months stays. The employer can not force you to extend your employment on their own.

Further, acceptance of resignation is an internal process which has no legal bearing, except to strengthen the proof that your resignation has been properly communicated. Once it is communicated, the resignation is effective. At best non acceptance gives The employee a chance to withdraw it. Notice period starts from the day resignation was communicated and not when it is accepted.

The second side is what your new employer is willing to accept. If they are a dream employer, they will have a standard HR practice and a jackass set of HR managers who will insist on getting a relieving letter. As suggested by Bhaskar, speak to them. Not for extension, but for joining without getting a reliving letter since the current employer is not following his own terms.

Hopefully you should be able to get a waiver based on the fact that you resigned and completed your notice period as per rules.

You should get a relieving letter from your onsite manager. It may not be an actual relieving letter, but one that states you have done xyz part of the work, handed over all keys, codes and controls. And hopefully a word that they were happy with what you did.

The rest, would depend now in what reply you get from your new employer.

There is little you can do on the legal front that would be effective. Remember that your new employer will not like to take a litigious trouble maker on rolls, irrespective of how justified the action is. In any case, such action would just take time off from your job and focus on career

From India, Mumbai
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