Can My Employer Force Me to Stay Beyond the 60-Day Notice Period? Seeking Advice!

Hi all, I have a query regarding the problem I am currently facing. I joined a company in Hyderabad, and my appointment letter clearly states that the employee can terminate the contract by giving a 60-day notice in advance. Due to some personal reasons, I have to go back to Delhi and work there. I have resigned from my current company, but they are creating problems by stating that they will not release me in two months. I am saying that I can serve for two months but not beyond that, as my other company cannot wait that long.

Please suggest what I can do in this case.

What is the reason being given for this stand of the company? And what is the timeframe being given to relieve you? Even though what you say is right, sometimes the notice period is extended due to real necessity. However, sometimes this is also used (or misused) to delay the departure of the employee, hoping that the employee would lose the new job and stay back—not by choice, but by a no-choice situation. However, to sum up, it is always better to resolve such issues smoothly instead of getting into hot/legal options.

Regarding the other company being unable to wait, I think you are being overly apprehensive—since once a company makes a selection and offer, they would be okay to wait for a couple of weeks more. Their calculation usually is that they would end up spending much more time to hire afresh unless they 'perceive' the request to be a misuse or the hiring was for a time-bound project.

Regards,
TS

After two months, they have to either relieve you, or if you don't want to continue serving, they may deduct two months' salary. However, if they fail to relieve you as required, you may contact a labor officer at the labor office.

Regards,
Rajbir

Hi Sateesh, thanks for the reply. My company is saying that they don't have any replacement for me as of now, and it would take time to hire a new person and provide the knowledge transfer to that person. My new company has already given me a two-month notice period. I am not sure whether they will give any extension or not. I am not able to figure out what to do. Actually, I joined this company four months back, and I have to go back to my hometown Delhi due to family reasons. My company is not understanding my situation here and asking me to stay longer. If I do so, I will lose the other job, and I will not be able to get back to my family as well.

As per the terms and conditions of your appointment, they have to relieve you after two months. If they are not able to find your substitute, then it is their problem. You can insist to them that you are following the conditions of the appointment.

I would suggest that you make it clear to your current employer that you cannot wait for a day more than the notice period and that you are abiding by the terms and conditions of the appointment letter. You also need to keep your future employer in the loop so that any adverse remarks or non-issuance of a relieving letter can be taken care of in the future.

Based on what you say, it looks like your present company falls into the II category—taking advantage of your need for the Relieving Letter, etc. What were they doing for the 2 months' notice period you gave them? Anyway, that's for them to figure out.

Options You Have in Hand

I suggest talking to your new employer and checking if it's okay if you don't have any Relieving Letter, etc.—explain the situation in detail.

Given that you worked here for only 4 months (frankly, you made a mistake in joining here in the first place—it's not professional to leave so soon after joining), they should be okay with it. You may need to handle this gap when you update your resume next time—4 months' gap isn't very significant.

If the new company is okay with your joining without the documents, just go ahead and implement what others have suggested. My gut feeling is the new company should be okay with it—like I mentioned above.

All the Best.

Regards,
TS

Hello Saurabhgoel,

You will need to gain the confidence of your new company regarding the absence of a relieving letter from your current company. If you have the acceptance of your resignation letter from your current company, you should provide it to the new company. If you don't have it, you can demand it from your current employer. Once you have the acceptance of resignation, present it to your new company.

Thanks & Regards,
Somvir Singh