Can My Company Legally Make Me Stay After My Resignation Notice Ends? Seeking Advice on Next Steps

Hi,

I have been working in a managerial role within an organization for the past 8 years and am currently assigned to their project outside Delhi. However, my family resides in Delhi. I have submitted my resignation to the organization, indicating my willingness to provide a month's notice and to assist in training my replacement during that period.

Despite this, the organization is compelling me to remain until the conclusion of the project, approximately 3 months from now. I am curious, can a company legally require an employee to work beyond their designated notice period? What repercussions might ensue if I complete my notice period but cease attending the office without receiving formal clearance? Could you provide insights on the legal aspects involved?

I find myself in a significant dilemma due to the organization's stance on this matter. Ultimately, I wish to emphasize that given my lengthy tenure with this company, I prefer not to depart on unfavorable terms.

Thank you in advance.

What is the notice period in your appointment letter? If one month is specified, they cannot terminate your employment. They are also unable to take legal action. Even if the individual leaves without notice, they can withhold payment only, nothing else.

One important thing to remember is to document your resignation and provide a written handover to your senior, with a copy to the senior in the accounts department.

An employee who has served the organization for 8 years should not set a wrong precedent of leaving the company without serving the due notice period. As an HR professional (I suppose you are), it's not right to set such a wrong precedent. Legally, action can be taken for not serving the required notice period by sending a Notice to you or initiating formal legal action. However, a relieving letter, an experience letter, and any settlements due such as PF and Gratuity are at the mercy of that company.

Any background verification from the new employer, if conducted, may result in the company stating that the person is absconding from service if you do not report to the office. Apart from this, the company cannot retain any employee legally after the employee serves the required notice period mentioned in the offer letter or the company's policy.

Hope this clarifies!

Regards

Hi All,

Thank you for your valuable comments and guidelines. I would like to clarify a few points:

1. I am willing to serve a month's notice period as per the policies of the company.
2. I am willing to train my replacement during this period.
3. However, beyond my notice period of a month, I am not willing to stay.
4. But, I have offered them that I shall be in contact in case my help now and then is required even after I leave the organization.

So, in that case, what would be the scenario? I have tried explaining my problem to the seniors; sadly, however, I have received a cold shoulder from them.