Stuck Between Jobs: How Do I Handle My Old Company Refusing to Relieve Me?

Hi guys,

I was working for a very small company and I have resigned from that company, but they did not serve the notice period as it was never in the agreement. When I asked for the relieving, they asked me to serve the notice period. I told them that it was never in the agreement (many employees and my colleagues got relieved without serving the notice period) and questioned why it's special in my case. They said it's in the interest of the company. However, I received a very good offer from another company, so I joined them without proper relieving.

My old company sent me a suspension letter after resignation, stating that I am absconding. They started harassing me by sending a letter to the new company I am working at, claiming I am still obliged to their company norms and rules. I went to my old company and offered to pay them the money or serve the notice period, but they are very upset that I left and are refusing to provide my relieving or allow me to serve the notice period. They are trying to force me to work in their company as the only option, but I cannot work there due to their low pay scale.

I find myself in a difficult situation as they are not letting me go. I explained the situation to my new company's HR, and while they understood, they mentioned they are unable to intervene. Please, can someone help me? I am feeling desperate.

There may be different perceptions regarding notice periods and relieving after an understanding. I believe that compelling an employee to work in an establishment where he does not wish to continue is not a good HR practice. If there is nothing in the employment contract that mandates an employee to serve notice, then the employer does not have the right to send letters to the employee or their present employer claiming the employee has been absconding. There can be an understanding between the employer and employee that the employee should remain in the office until a replacement is found, but beyond that, the employer cannot force the employee to work solely for them as if the employee is "bonded labor."

I believe that, though there have been controversies about it, there is hardly any law that makes it obligatory for an employee to serve notice before quitting. However, the Industrial Disputes Act makes it mandatory for the employer to give notice to the employee(s) if termination is intended. In the absence of any agreement to the contrary, any notice sent by the employer to an employee will hold no validity and should be disregarded.

When such notices are sent to a new employer, there may be concerns about one's career. In this scenario, the role of HR is to assess the content of the received letter in good faith. Failing to explain the situation to the employer may lead to complications. Therefore, taking the initiative to prevent such letters at the source by convincing the past employer is crucial. If discussions do not lead to a resolution, one can choose to ignore any letters from the employer or simply leave, allowing the past employer to pursue legal action. If you believe in yourself and your abilities, there will be ample opportunities available to you in your career.

Regards,

Madhu.T.K

Hey friend, there is a provision of a 1-month notice period, or in the case of immediate resignation, I have to pay the gross salary for the number of days I am not serving the notice period. However, now my management is not ready to accept my immediate resignation. Please help as I am in need.

In Rajiv's case, I agree with Madhu. Also, be very open with the current employer and build a good rapport quickly. Tell the current employer that you would have gladly served the notice period if it was required; otherwise, they will think you will do the same thing to them later. Tell the previous employer that you will call the labor department or the police if they do not stop harassing you. They are just bluffing and cannot do anything.