Pavithra Ranganayak
Hi All, I resigned from my position in June and have asked my Manager to relieve me in 1 week. He replied saying you need to serve 2 months of notice period. Now i am serving my notice period and it will be completing in another 15 days. Now the management is telling until you replace the position we cannot relieve you.

What can be done? Suggestions, please?

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Vmlakshminarayanan
Sr.manager - Hr&admin

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vmlakshminarayanan
385

Hi,

This is a win win situation

As advised by the Manager you had agreed for 2 months ( not sure what is mentioned in your appointment order about separation clause). Now they are asking you to continue till you replace the position. Employer can only make request and cannot claim it as a right. However to ensure amicable relieving please try and close with a replacement and try your level best.

Also keep all your communications in writing or through email and make it clear you had completing the notice period as per the terms and conditons.

From India, Madras
Pavithra Ranganayak
My offer letter says:

Termination of Employment:

The employer may terminate your employment at any time by providing you 15 days of notice in writing mentioning the period by which you will have to leave the employment or as per the discretion of management.

The company may at its absolute discretion reserve the rights to terminate your employment with no reasons and without any notice.

During the probation period, you may resign from the services of the company after tendering to the company 2 month of notice or 2 month gross salary in lieu therof, at the sole discretion of the company.

Upon resignation if the employee fails to seve the notice period then it is mandatory for an employee to pay the gross salary on pro rata basis for the no.of days he/she has not served the notice period.

The company may at its absolute discretion, waive of the notice period or gross salary in lieu thereof that is required to be give by you.

Note: I am serving the 2 months notice period already and only 15 days remaining. The company has not paid 2 months salary due to some finacial crisis but have mailed that it will get sorted soon.
I was ready for buy out option as well but they did not agree so i have agreed to serve the notice period. I have tried my best to schedule interviews as well.

Now what if they have not shortlisted anyone and will not relieve me on the last day?

Can i just complete my notice period and stop going to office?

What if they dont settle my pendind salary and not issue the experience letter?

Also we were only 3 HR's in the company and all the 3 have resigned.

I have an offer. Kindly suggest me what i can do???

From India, Bengaluru
saswatabanerjee
2324

I do not understand why people don't put full information at once when they put a post...

If you have not received your salary, you are under no obligation to complete even your notice period as the employer has already breached the contract of employment. If you are completing your notice period, then it does not matter if the haven't found anyone to take over from you. That is not your problem.

Though I am wondering why you are bothering to stay when they havent paid and I don't think they will pay if they have a financial crisis. They would prefer to pay existing staff not those who left.

The actual problem is with the relieving letter. You need to focus on what you need to do to get it. Forget about legal action or legal rights in these cases. Instead try to be diplomatic and get it. if you get a job, you need to tell the employer to wait till you finish your remaining notice period. Any employer who insists on immediate joining, is (in my books), a bad employer.

From India, Mumbai
Pavithra Ranganayak
Firstly i would like to thank you all for your inputs.

At first i thought the information what i have typed was enough to get the answers from the experts as i am posting it for first time.
Thanks to Mr. Lakshminarayanan for your answer.

Coming to Mr. Banerjee thank you too but still the answer is not clear even after i have explained it full.

Here my new offer- the employer is not forcing me to join immediately. It was in the beginning they just asked whether i can join within a week. My current employer refused to relieve me within a week and asked me to complete 2 months of notice period.

Now i am serving 2 months of notice period and it will be ending it on August 16th and as on today they are telling untill the replacement we cannot relieve you.

I am not at all thinking about pending salary, taking legal actions or other as of now. Just want to know what can i do if they dont relieve me on my last working day telling we will not issue the relieve letter. For me the relieving letter is important and i am continuosly working on replacement.

From India, Bengaluru
saswatabanerjee
2324

If you complete your notice period, it is not your responsibility that the person who will work after you will be trained.
Therefore, technically, there is nothing to stop you from leaving.

That said, there is very little you can do to if the employer refuses to give the relieving letter. Taking legal action is rarely the answer in India where cases can go for ages.

From India, Mumbai

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