How Can I Navigate a Job Transition When My Current Employer Delays My Release?

Dear Sir,

I am working as a Senior Executive in a private limited company for the past 7 years. Now, I have been offered a job as an Assistant Manager in another company. Therefore, I would like to request to be relieved from my current position. I submitted my resignation letter on the 5th of March, stating my intention to leave before the 4th of April. However, I have not yet received any appointment letter or confirmation from my current company. They have informed me that they will release me from my duties after a 3-month notice period according to the HR manual.

The new company is requesting that I join them before the 7th of April. Additionally, my current employer has mentioned that they will stop my salary and Provident Fund (PF) contributions. The new company does not offer PF benefits.

I kindly seek your assistance in facilitating my release from my current job and ensuring the continuation of my salary and PF contributions.

Thank you.

Yours faithfully

As per the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, the company cannot stop the PF of the employee in any case. Hence, you need not worry about the PF amount as you can transfer the same to the new company or withdraw the amount as per your need.

Since they have not provided you with an appointment letter, I believe they do not have any acknowledgment of your acceptance of the terms and conditions. Hence, it is a double-edged sword.

I would suggest dealing cordially with your HOD and trying to convince him to release you by 4th April. It has been observed that usually, the HOD agrees to the request and releases the employee if he sees that there is no way the employee can be retained for a longer period. If the HOD is reluctant and refuses to release you, keep a record of your attendance on your last working day and then leave the company.

The attendance record can be used to claim your last month's salary. However, I personally suggest not resorting to this method unless you genuinely need the last month's salary and are willing to engage in a legal dispute with the company for the same.