Can My Employer Legally Force Me to Stay After Resignation Due to Staffing Issues?

Dear Cite HR Members and Friends,

Thank you for all the answers you provide to the issues raised by different individuals.

Hi, I am Ankur and I work with an MNC as a Marketing Engineer. I recently resigned after completing 2 years with the same organization. I have both the joining letter and the acceptance of the resignation letter.

However, the employer is now requesting me to stay for the entire relieving period, whereas I am willing to serve a short notice period along with payment in lieu of the remaining tenure. The top management of the company has mentioned that if I do not stay for the complete period, they will file a legal complaint alleging that I attempted to disclose information to competitors and customers. Essentially, they do not wish to relieve me due to staffing shortages.

Is it within an employer's rights to take such actions? If so, on what grounds? Your assistance in this matter would be greatly appreciated.

Regards,
Ankur Aggarwal
email: email.aggarwal@gmail.com

Dear Ankur,

Your employer is wrong, and legally, you are correct as per the terms and conditions of the appointment letter. No one can hold your resignation.

Thanks,
J. S. Malik

Hi Ankur,

Your employers are right in a way and wrong in another:

1. The right to accept payment in lieu of short notice remains with the employer, and they are correct in asking you to serve the full notice period.

2. Having said that, the method they are adopting for forcing you to serve the notice is incorrect.

Your Options:

1. Contact your prospective employer and explain your situation to them. Ask them if they can give you some more time to join. After all, no employer would want their staff to leave on short notice; they should understand.

2. Refer a friend to your current employer who can take up your job: in this (so-called) recessionary period, you would be doing some good to both an unemployed friend and your current employer!

3. Talk to your manager/supervisor and explain to him/her why the new job is important to you and how it could affect your future plans.

Good Luck, Neeraj K Singh

Dear Friend,

You should also take into consideration the Terms of Contract of Employment that you have signed with the employer. Most Indian companies ask for a notice period of 1 to 3 months, within which the employee and employer can cease employment. However, if you are ready to pay the notice period due to them, then they can't hold you back. Remember, it's important to leave on a good note, hence offer to train your replacement and promise a smooth transition.

Good Luck Buddy!

Regards,
Girish S.