Stuck in a Notice Period Dilemma: How to Handle a Manager Who Won't Budge?

My company has a notice period of 2 months. I have received a new offer that requires me to join in 1 month, so I am unable to fulfill the complete notice period. I would only be able to serve a 1-month notice period.

My manager is not open to any negotiation regarding compensation. He insists that I serve the full 2 months' notice. Despite explaining my constraints in serving a 2-month notice, he is not willing to accommodate. Please advise on what can be done in this situation, as serving the full notice period would result in the loss of my new offer.

Thank you.

Regards

According to me, there are three aspects to this:

1. The relieving and experience letter from the current company.
2. Your financial loss as per the two months of notice period policy.
3. New company policy to reimburse your financial loss.

Based on my knowledge, you need to consider these three points and openly discuss them with both companies. For further details, we can have a discussion via email at my Email ID [Email Removed For Privacy Reasons].

Regards,
Tanuja

Thank you for your reply. My new company wants me to join in 1 month's time. I am ready to serve the notice period up to 1 month, after which I won't be able to continue. If I continue, I would lose my new job. So, following are the queries:

1. Can my employer hold back my relieving and experience letter and take any legal action?
2. My new company has agreed to submit the relieving after 1 month of joining, so will my old employer give me the relieving letter, experience letter, and full & final amount after 1 month?
3. I have already informed my employer that I would work up to a given date. I have given the resignation, and he has also accepted it with a relieving date as per 2 months policy. So, can he make me absconding if I go in 1 month?

Regards

Resignation and Notice Period Concerns

1. If your resignation letter is not accepted, you will not receive your relieving and experience letters. If they mark you as absconding, they will send a notice to your correspondence address.

2. You will receive the relieving and experience letters, along with other final settlements, only if your resignation is accepted.

3. You mentioned submitting your resignation letter. Do you have a received and accepted stamp or a signature from any HR personnel? If so, they cannot mark you as absconding.

My suggestion is to talk to your current company's HR or the Managing Director/Owner to get your resignation letter accepted. Also, discuss with your new company the possibility of accepting the resignation letter you submitted to your current company and explain the entire situation to them.

Let's see what happens...

Regards,
Tanuja

I have a similar problem, but with some modifications.

1. The notice period in my company was 3 months, which I only served for 10 days. Although my resignation was accepted, I was asked to complete the notice period, which I could not do as my new company did not have that much time to wait on some projects.

2. The new company did not have any issues accepting me, and I have already started working.

3. Now, after 25 days of leaving my previous company, they have sent a courier asking for the full and final amount (which is in lakhs, but I am not sure how much).

Questions and Concerns

My questions are: Can they take legal action against me if I do not pay the requested amount? I do not need an experience letter or a relieving letter. I am only concerned about potential legal complications.

I know I was unprofessional, but there were a couple of issues that made me leave the job:

1. My boss shouting over small things in front of everyone.
2. Making decisions without considering employee career paths.
3. Never involving HR in any matter and preventing employees from reaching HR.

It felt like he was running his own business or shop, even though it was a US MNC office in India where we were working.

Please advise.