Dear Friends,

I work for a IT distribution organisation in the marketing services division leading their services portfolio. i have joined this company 1.5 years back. I shifted that time from Delhi to Mumbai as had no other offer. but unfortunately was not able to shift family. hence i decided to go back. Luckily i got a offer from a new company. pay was ok and i accepted. They are ok to wait for 45 days for me and then join them. I have a 90 days notice period with a clause saying that in case i cant serve full notice period will have to bear the expense equal to my basic salary of the days not attended. But it did have a line which says to accept the notice pay is at the manager's discretion.

I first spoke to my manager last friday on my decision to move, he didnt even ask me why you are going, just said let me think and within a few hours came to me and asked me to help him find a replacement. hence on this i officially wrote my resignation to him and requested for a 30 day relieving as i had to go back and join the other company.

He replied in negative saying have to serve full notice period of 90 days and has not even informed HR on my resignation. Hence i forwarded the mail to head HR today and he too very casually replied - I have wait till I hear from your manager. My manager is just evading the discussion and not giving me audience at all to clarify on relieving date and procedure for handover.

When i spoke to HR head he in soft manner he is putting it that you have to be here for 90 days, as you have signed the papers else legal action could be taken against you. on other hand the new company is asking for a clean exit with proper documents.

With great difficulty i got this opportunity to move back with family, dont want to loose it. They know that i have 15 days of paid leave, 45 days of notice that i am willing to serve as well as my variable pay of OND quarter which i have qualified for. And i am willing to take the hit of 45 days of prorata basic salary as notice pay.

But Neither my manager nor HR are initiating any sort of discussion on my way forward on relieving and hand over. this manager is my 2nd one in 1.5 years and is not very cooperative at all. Keeps doubting the goals set by the previous manager and taunts me in public forum.

What should i do. Kindly guide me. hope they don't put a case to harass me.

Thanks.

Sam.

From India, Mumbai
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