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Your fears are bit misplaced. Notice period, of whatever duration it is, acts as buffer period. The very purpose of the notice period is that it helps organisation in arranging the replacement of the outgoing employee. Notice period ensure the continuity of the work. Therefore, onus of the inability to arrange the replacement purely lies with the organisation and not with you.
I recommend you pressuring on HR through gentle reminders that the next organisation is waiting for you. You may tell HR that they wanted to take you on board early, nevertheless as a dutiful employee, you were obliged to fulfil the condition of the notice period.
Nevertheless, the situation has thrown sufficient hints therefore, approach new organisation and tell them that there could be extension of the notice period. Since you have served them for ____ years you would not like to create bad blood between you and your organisation at the time of exit. However, never disclose to your current organisation about these overtures.
At times organisation is unable to arrange replacement. It could be because of levity of HR or any other authority or because of real reasons. Therefore, you need to strike balance between needs of the current and your future organisation.
All the best!
29th July 2015 From India, Bangalore
I am totally agree with Mr. Dinesh that it is the responsibility of employer to arrange an substitute in place of you. It is th incapability of Employer and again, if you have served the proper notice period they can not hold your experience certificate and salary.
29th July 2015 From India, Mumbai
While Dinesh Divekar has given you the generic picture of any Company.....vis-a-vis the replacement angle......pl also keep in mind the practicalities of getting a suitable replacement @ your level [which is not junior level].
The normal Notice periods now-a-days is anywhere between 1-3 months.....so the replacement can surely NOT join within 1 month [UNLESS the replacement person is already in Notice Period & can join earlier].
We handle these situations day-in/day-out.
W.r.t. Dinesh's remarks 'inability to arrange the replacement purely lies with the organisation and not with you', I don't think one can blame OR hold responsible anyone in such situation, since this essentially is a systemic issue.
Having said that, frankly, I am surprised how your Director could have agreed for 1 month relieving--he ought to know that it takes time for the Interview/Selection process & adding the Joinee's Notice Period, goes still further for the Joinee to actually join.
You mentioned that you are 'traveling for leisure' after getting relieved......suggest have a rethink on the timelines. Maybe it may be better IF you could postpone the trip.
Generally, in such situations, the Handover & KT is done to the next HIGHER person.....meaning to whom you report. He/she CAN'T refuse to it. Suggest speak to your Director & tell him that you would handover to him all the confidential Docs. And submit all status IN WRITING as a formal report......KEEP a copy with you.
And you can also tell him that you would be available on phone for X period of time [DON'T give a blank timeline OR you will have another headache later] during which you can clarify any grey areas.
But ensure you collect your Docs--Relieving & Experience Letters when you leave. Else the scope for your 'blackmail' fear MAY be there. Find a reason why you want it NOW....you COULD be asked to collect them later.
At your level, like Dinesh mentioned, it's always desirable NOT TO create bad blood between you and your organisation at the time of exit....to the extent possible.
All the Best.
30th July 2015 From India, Hyderabad
From the legal stand point, it's the responsibility of the management to get the replacement within time. Legally it's not your problem that they don't have anyone to replace you.
However, reality is different. While they can't officially force you to extend the notice period, they can hold back your salary and relieving letter. It would not be legal, but they know you don't have a quick remedy against them. Blackmailing and arm twisting is quiet common.
you should do the following :
1. Ensure you have acknowledged copy of resignation letter
2. Proof that your notice period is 1 month
3. Attendance records copy showing you attended office all days in notice period
4. Send a mail to the reporting HR & manager / director reminding of last day and asking for handover directions.
5. Prepare handover report, giving all details of what is pending, including financial matters you talked of. Ensure you keep a personal copy
6. Inform the new company that your existing one has not completed recruitment and that they may request you to come over later for a day to explain things and hand over.
You can't do anything more actually.
But I would say, don't fall in for the request to extend, or cancel your holiday
31st July 2015 From India, Mumbai
Three learned members Dinesh,Saswata and Tejsateesh have given you absolutely practical and advice.Actually there is nothing more to add since advice is simple and covers what any professional person should do in the circumstances described in your post.
""Does this give the company an upper hand to extend my notice period (which i cannot as i am traveling for leisure). ?""
Legally no but departure should be under circumstances of controversy.Never destroy your bridges.
Who knows few years down the line you may come back to the same firm at a higher level.
Holiday can be rescheduled if necessary.
Preparing a self contained brief on your work status,financial status of any official fund being handled etc should be made ready and be a part of your handing over procedure under due acknowledgement of the official taking over.
Here flexibility will be the key to finding your way out in as friendly a manner as possible.
All the best.
Do let forum members know how the whole thing worked out.
31st July 2015 From India, Pune