Hi Lawyers,

I initiated My Resignation on 1st Dec'21 and my last working day was 29th Jan'22. HR offer me a 25% Hike but I didn't reply to that mail so he canceled that offer within a week. On 28th Jan'22 I inform HR I want to relieve on 29th Jan'22 itself But HR dragged it up to 1st April'22. At that time I don't have an offer in my hand. So I Continue my work up to 28th Feb'22 without withdrawing my resignation but I accept that declined offer by mail. Then I got an offer from one company in the middle of Feb'22. So without proper hand over I joined the new company.

My question is, I served two month notice period and my handover is not done properly. Can I claim to relieve letter from that company? if I legally processed??

From India, Ghaziabad

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Partner - Risk Management
Hr Manager


You have only complied with the notice period clause mentioned in the Separation procedure in the Appointment letter of your company. But any company has certain standard operative procedures (SOP) with regard to selection, appointment, induction, resignation, notice period, resignation acceptance, relieving, final settlement etc.

As you have worked in your old company, you were expected to comply such formalities, like getting No due clearance certificate from all deptts., informing your deptt/division head, handing over details of pending work, company assets and other belongings of the company which you were possessing during your employment, to such person assigned by your Deptt/Division head etc. which were not complied by you.

Hence it is suggested, that before going legally against the company,please visit your old company and discuss in person with the competent authority and try to sort out your problems.

From India, Aizawl

First, you have not told us what your standard notice period is.

Second, though you have not responded to the mail asking you to work till April, your continuing to work and not given a negative response is implied acceptance of the terms provided by HR. Legally, you are at fault if you just walked off. You should have completed your hand over, spoken to the manager and HR and parted gracefully and on good terms.

Remember that they will be contacted in future for Background Verification.
So I suggest you speak to them and see how it can be amicably settled.

If you file a legal case, it is unlikely that the courts will rule in your favour.

From India, Mumbai

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