I am currently working in a pvt ltd IT company.2 days back I gave my resignation.my reporting manager acknowledged my relieving stating that from his side in issues to relieve me .but hr is not willing to relieve my .she send a mail saying
"First of all, we need to find a replacement since you are in a senior position..
We want you to give a proper KT to the new joiner and then leave..
We would relieve you only after we find a better & suitable replacement..
This is the mail HR send.There is no hard rules written for notice period also...."
I have to join in a new firm,since current company not confirming my relieving date.
Please somebody help me..

From India, Bangalore
Please refer your appointment letter on standard guidelines mentioned for separation from the firm. What does it share about your notice period? Did you discuss about your notice period with your prospective employer during the interview?

Submission of resignation begins the process for separation with an employer. Your manager have processed it, but not accepted it.

The HR Team have mentioned a condition. Knowledge Transfer is vital. However, is the back-fill mentioned as a condition for separation on your Appointment Letter?

Please work along with your reporting manager on creating the document for Knowledge Transfer, incase there are no team member to be trained by you.

If you don't have the time to serve the notice period, offer the HR to buy it out.

Write a detailed letter to your manager, marking a copy to your HR mentioning the time duration you would be able to serve your firm. Put an end date beyond which you wouldn't be available. Offer to buyout the remaining duration to the notice period , if any. Offer to settle all the dues and complete the transfer of responsibility and knowledge. Share the complete timeline. In the end, mention if any response is not received in 3 working days , it would be considered as an acceptance of the resignation.

If possible send this as a registered letter. In case you have to email this, keep the hardcopy of receipt from your inbox.

Talk to your new employer about the release and keep them posted about the developments. Seek to understand the Experience Letter and other documents , that they would need at their end to validate your release.

Above all, remain very supportive of your reporting manager. Request him for a letter of recommendation. Handover every company property such as Laptop , cell phone, hard drive and other company owned things that you have , to your manager and take it in writing that you have handed them over to him.

Wishing you all the best!

From India, Mumbai
There is no notice period mentioned in my offer or appointment letter.More than that my manger replied to my resignation
"If all the backup and handover of the work handled by Manu who is
working as Team Lead is taken, from my end he can be relieved from his duties."
Now The HR and management challenging me saying let me go for legal ways they have enough people to look after it.

From India, Bangalore
What is your new company saying? If they do not require relieving letter, you return your company's assets in present company , write mail, send registered letter with scanned copy of resignation letter ON LAST WORKING DAY and join new company.
In other situation, if new company wants relieving letter then also you write mail to and CC HR that you will wait for one month to do KT requirements , request your new company for extension of DOJ till 4-6 weeks and explain the situation which they shoild agree on. You have to convince both , please note .Work WITH COOL MIND , support strategically so that you go with shake hand at present company .
RDS Yadav
Management Consultant and Advisor

From India, Bareilly

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