Stuck in a Job: Can Employers Refuse to Release You Even If You Pay the Notice Period?

Dear all,

My colleague went through hell recently. He got this world-class job opportunity in a world-class MNC. I mean, it was a dream job that he had always wanted.

He had submitted his resignation letter through the proper channel, via his departmental head to the HR department. He had also verbally indicated to the HR Head that he was willing to pay for the three months' notice period (as his offer letter stated, "three months' notice period or salary in lieu thereof; by either side in writing").

However, my employer refused to accept his resignation and stated that they would only provide a release letter after the completion of the three months' notice period. They mentioned that if he wished to leave immediately, he could do so but without any documentation.

My colleague was flabbergasted and repeatedly pleaded with senior management, but to no avail. The multinational corporation he was supposed to join required some form of documentation from our HR department. Additionally, my colleague's department head destroyed his voluntary termination of employment letter. As a result, my colleague eventually lost the job offer.

Following these incidents, all of us here are now worried about what we would do if a similar situation happened to us. Can the employer forcibly retain us even if we are willing to pay for 'the salary in lieu thereof' for the notice period?

Regards, Ltreginald

Legal Actions Against Unfair HR Practices

If any company or HR department is acting in this manner, we can take legal action against them or threaten them with such actions. We can also approach a civil court. However, this decision should be final and considered only if no other options are available.

Regards,
Rakesh

I'm still seeking some advice for my query. Friends, kindly share your thoughts.

Regards,
Lt. Reginald

You might be referring to software companies.

Nowadays, the exit needs to be planned in a proper manner; if that is not done, situations like the one above will be common.

Apart from that, please read the clause in the appointment letter carefully.

Though the 3-month notice can be served by either of the parties (employer or employee), usually the company ensures that it has the final right to accept or reject the payment in lieu of 3 months' notice keeping in view the requirements of the job/projects at hand and the employee's involvement in it.

The meaning of the paragraph will be such that the Company can remove you by giving immediate notice, but when you do the same, the company has the right to reject your request and ask you to serve the full 90 days.

If this is not the case, give a formal and legal notice that you are terminating the employment as per the appointment letter, you do not intend to continue further, and that you are paying the amount as per the appointment letter. Gather and keep the evidence to prove in the future that you have worked in the company, like your salary slips, bank statements, PF statements, hard/soft copies of emails pertaining to your employment such as offer letter, appointment letter, address proof document issued by the HR while you were applying for LPG/Telephone connection. Also, inform the Responsibility Hand-Over Procedures that you are going to adopt and the number of days that you can spare for such hand-over. Make it clear that you do not carry any project-related documents with you and you intend to hand them over to a Responsible Company Official at the earliest.

Get it in writing that your employer has satisfied himself that you do not carry any project/work-related material with you either on paper or in electronic format.

Do not have project or work-related details as evidence of your employment; they might be confidential documents, and public disclosure of the same can lead to severe legal action against you.

The only thing that remains is that the employee plans his exit in a proper manner well in advance; short notice can never work for the employee, however right he might be unless the company cooperates.

Also, note that the company that he will be joining will also have similar clauses.

There is no escape from these clauses; they are similar across all companies.

Dear all,

(I had already posted this query last week and am still seeking some advice on what an employee could do if he faced the situation that my colleague went through).

My colleague went through hell recently. He got this world-class job opportunity in a world-class MNC. I mean, it was a dream job that he had always wanted. He had submitted his resignation letter through the proper channel, via his department head to the HR department. He had also verbally indicated to the HR Head that he was willing to pay for the three-month notice period (his offer letter stated, "three months notice period or salary in lieu thereof; by either side in writing").

My employer refused to accept his resignation and stated that they would only provide a release letter at the end of the three months. They mentioned that if he wished to leave immediately, he could do so but without any documentation. Despite my colleague's repeated pleas with senior management, he was unsuccessful. The MNC he was supposed to join required some form of documentation from our HR department. Additionally, his department head destroyed his voluntary termination of employment letter. Consequently, my colleague lost the job offer.

Considering these incidents, all of us here are concerned about what we would do if a similar situation arose. Can the employer forcefully retain us even if we are willing to pay 'the salary in lieu thereof' for the notice period?

Regards,
Ltreginald

Dear Member,

In case your employee is not accepting the resignation, please send it through the mail. This document should mention your offer and your pay.

Furthermore, make a D.D. of your three months' pay and send it to them via registered post with a covering letter. This is all that is required. The same documentation can be presented to the new company to explain the situation, and you could join them immediately.

Regards,
SIDMAN

Dear Sidman,

Thanks again for that idea; I think it would work. However, what if the new company really requires some form of resignation acceptance from the current employer? In my friend's case, his new job offerer stated that this document is essential for officially proving that he is not on the payrolls of two companies simultaneously.

Regards,
Ltreginald