Stuck in a Job: How to Handle a Company Refusing Your Resignation After Notice Period

I worked with a proprietary IT company for 4 years. I didn't receive any benefits from the company. I am very loyal to them and worked very sincerely. Now, I am looking to advance my career. I have received some good offers from an MNC company. Therefore, I have decided to submit my resignation to my current company. I submitted my resignation on the 15th of January, stating that I am looking forward to career development opportunities. However, my current company is not accepting my resignation and insists they need 4 months to find a replacement. According to my company's policy, the notice period is 30 days, which I have already served. Despite this, they are holding me for unnecessary reasons. Kindly assist me with further procedures.

Hi Rajesh, I have gone through your query, and according to me, if it has been mentioned in your Appointment Letter that a 30-day notice period is required, at least they want. So, they cannot bind you. Anyways, you can discuss the same thing with your head HR. Even after that, if they are not accepting your resignation, you can take legal action against your company.

Hi Rajesh, I have gone through your query, and according to me, if it is mentioned in your Appointment Letter that a 30-day notice period is required, they cannot bind you. You can discuss the same thing with your head of HR. Even if after that they do not accept your resignation, you can take legal action against your company.

Thank you very much. I have a query: If we legally request the relieving letter, is there a chance of them creating issues by stating that I have not done the work properly and that I am not capable of working with any company? Could they create a bad impression about me to my future company? If I file a case legally, how long will it take, as my future company may not wait for such a long time, right?

If I file a case against my current company, is there a chance that it will affect my career in the future or something else? I am really frustrated because of these things. I am a very soft person, which is why they are treating me like this. Kindly help me with this. My notice period ends on 14th Feb 2011. What should I do next? Kindly help me to come out of this situation.

Regards

I would suggest that you speak to your future company and explain the whole scenario. Also, inform them that it would be difficult for you to obtain a relieving letter from your current company. Being in the HR department myself, we also encounter such situations with employees, and we consider their requests by reviewing their previous company's appointment letter, salary slip, and a copy of their resignation as proof of their prior employment. I am confident that your future company will understand. I strongly recommend that you join the new company on the date specified in your offer letter. After joining the new company, try to persuade your current company to provide you with a relieving letter. They may be attempting to pressure you into abandoning the idea of joining the new company.

Example of a Similar Situation

I would like to share an example with you. My real brother had been working with a company for the last 3.5 years, and a few months ago, he received an offer from a reputable MNC with an attractive salary package and work environment. According to his appointment letter, he was required to serve a notice period of 15 days. However, when he submitted his resignation letter, the Head of Department stated that they would not issue him a relieving letter, his last month's salary, or due bonuses unless he served at least a 2-month notice period. This was not feasible for him as he was scheduled to join the new company in 20 days.

He was understandably upset and confused. I provided him with the same advice, and he proceeded to join the new company. During his notice period, he diligently completed all his tasks without taking any leave. He was known as a very sincere employee, a fact acknowledged by his HoD. After joining the new company, he met with his previous HoD, who then released his salary, bonus, and relieving letter, recognizing his honesty during his tenure with the company and acknowledging that there was nothing further he could do since he had already left.

I am confident that a similar outcome awaits you. Best of luck with your future endeavors.

Advice on Handling Resignation Issues

I would suggest that you speak to your future company and explain the whole scenario. Also, inform them that it would be difficult for you to obtain a relieving letter from your current company. Being in the HR department myself, we also encounter such situations with employees, and we typically consider their request by reviewing their previous company's appointment letter, salary slip, and a copy of their resignation as proof of previous employment. I am confident that your future company will also understand your predicament. I strongly recommend that you join the new company on the date specified in your offer letter. After joining the new company, you can try to persuade your current company to provide you with a relieving letter. They might be attempting to pressure you to deter you from joining the new company.

Example from Personal Experience

I would like to provide you with an example. My own brother was employed at a company for the past 3.5 years, and a few months ago, he received an offer from a reputable MNC with an attractive salary package and working environment. According to his appointment letter, he was required to serve a notice period of 15 days. However, when he submitted his resignation letter, the Head of Department stated that they would not issue him a relieving letter, his last month's salary, or due bonuses unless he completed at least a 2-month notice period. This was not feasible for him as he was expected to start at the new company in 20 days.

He was understandably upset and confused. I provided him with the same advice, and he decided to join the new company. During his notice period, he diligently completed all his tasks without taking any leave. He was known as a dedicated employee, a fact acknowledged by his HoD. After joining the new company, he met with his former HoD, who then released his salary, bonus, and relieving letter, recognizing his honesty during his tenure with the company and realizing there was nothing more to be done as he had already left.

I am confident that a similar outcome will occur for you. I wish you the best of luck in your future endeavors.

Thank you very much, Shriya. I have spoken to the HR of my future company, and they are only requesting my resignation acceptance email from my current company. Unfortunately, my current company is unwilling to provide any documentation and has asked me to stay for an additional 3 months. I will reach out to my future company's HR again to discuss the situation further.

Thank you very much. It feels really good to receive such valuable advice and responses.

Regards,
Rajesh

Shriya has given you the right suggestion, and I agree with her. In addition to that, please bear in mind that your existing company is afraid of losing you and they want you to train the new joiner. Handle this situation diplomatically, i.e., without hurting the existing company and without jeopardizing future job opportunities.

Serve your notice period, and by that time, make them understand that you do not wish to leave this present opportunity. It will help you grow and provide financial stability for your family. Try to communicate your wishes, desires, and needs to join the new company. Assure them that you will cooperate with them in the future as required after your new job hours.

Thank you.

Dear Rajesh,

Shriya has given you the right suggestion, and I agree with her. In addition to that, please bear in mind that your existing company is afraid of losing you, and they want you to train the new joiner. You need to tackle this situation diplomatically, i.e., without hurting your existing company and without jeopardizing your future job prospects. Serve your notice period, and by that time, make them understand that you do not wish to leave this current opportunity. It will help you grow and provide financial support for your family. Try to convey your wishes, desires, and the necessity to join the new company. Assure them that you will cooperate with them in the future as and when required, even after starting your new job.

I really don't want to part ways with my current company on bad terms. I submitted my resignation on the 15th of January. Currently, I am serving my notice period until the 14th of February 2011, as per the company policy. However, my current company has not yet found a replacement for my position and continues to assign me tasks. I am planning to discuss this with my MD today to address the issue of my replacement. If they do not make a decision, I am unsure of my next steps. Should I consider legal action, or should I proceed with joining my future company, bearing in mind that they require an acceptance email from my current employer? I find myself in a difficult situation, one that I have never encountered before.

I seek guidance, please.

Regards, Yasmin

Understanding Your Appointment or Offer Letter

What does your appointment letter or offer letter state? If it specifies a one-month notice period, then it doesn't matter if you leave after completing it.

The future company is requesting your acceptance because your current company may take legal action against them (which usually does not happen, but they can) or may withhold your pay and other benefits.

Communicating with Your Managing Director

Talk to your Managing Director and emphasize the points mentioned above. Try to make them understand your wish, desire, and need to join the new company. Assure them that you will cooperate with them in the future as and when required after your new job hours.

Considering Legal Action

Taking legal action against any company is not advisable, but let's see if your Managing Director cooperates. Also, the question arises, will taking legal action by your current company assure your future job or position?

Be diplomatic with both parties, and do not lose patience. Try to convince your current company calmly and respectfully.

My suggestion is, you have mentioned that they didn't provide any benefits to you. You should check for PF, ESIC, Bonus, Increment, leave compensation, and all the benefits in your service that the company is obligated to provide according to government regulations. If there are any discrepancies, you can address them legally.

Do not make any hasty decisions like joining a new company without a relieving letter because the new company may accept you initially but later demand the letter, which your previous employer may not provide. This situation could become even more challenging.

Think carefully and take action. Be diplomatic and do not leave your current job until you are officially relieved. If the benefits issue is resolved and there are no mistakes on the employer's part, you may need to take a more assertive approach, possibly by influencing the employer through your behavior to provide the relieving letter.

Do not worry about the new employer forming a negative opinion based on behavior. If you are confident in your work and attitude, no one can hinder you or dare to blame you.

Regards,
Ruth

Guidance on Handling Resignation Issues

Training the new employee is your employer's responsibility after your notice period. However, this usually happens with unorganized, private limited, or small organizations. In this case, I would prefer you to consult some senior personnel on-site as well as a labor consultant to sort it out. I would not dare to tell you to take any drastic step of leaving the present job and turning back. As I mentioned earlier, your present company may create problems with your future company by claiming that you left projects incomplete, and so on.

Speak to senior friends and senior members, take proper guidance on the pros and cons, and then make the decision.

Hi Yasmin, thank you . How can I find the senior members in this forum? Kindly help me.

Issues with Notice Period Release

Below is the copy of my confirmation letter from my current company. Because of these things, they are playing with me and not releasing me within my notice period.

"You would be expected to give one month's notice or one month's pay in lieu in case you leave the organization."

"Equally, the organization could ask the employee to leave with one month's notice period or a month's pay in lieu without assigning any reason whatsoever."

"In case you are engaged in a critical project with a stringent deadline, the company may ask you to extend the notice period, which in any case will not exceed 3 months."

The above points are the main reasons they are playing with me and not releasing me on time during my notice period. Kindly help in this situation.