Stuck in a Notice Period Dilemma: Can My Company Extend My Relieving Date?

I am working in an MNC. I resigned from my job on 21-05-2013 and requested a relieving period of 45 days through email. This was communicated to my manager, and there was oral consent from them as well, although it was never confirmed in writing.

Now, the organization is stating that they are not able to relieve me before the 60 days required by company policy. This information was provided to me just 2 days before my expected relieving date of 45 days as per my initial email request.

Can anyone please suggest what I should do now? Can the organization prevent me from being relieved in 45 days as I had requested? Please advise.

Dear Kumar, you have no choice but to serve the notice period, as the communication was not documented via email. Please communicate this information to the new company in an email and request them to extend your joining date. Additionally, speak with the HR regarding this concern. If you do not serve the notice period, your experience and relieving letter may be withheld. If these letters are not crucial to the new company, then you may quit. However, remember one thing: leave the company regardless of how much they have troubled you or how much you have enjoyed working with them on good terms.

Regards, Rohit Patil

Hi, I am working in an MNC. I resigned from my job on 21-05-2013 and requested a relieving period of 45 days through email. This information was conveyed to my manager, and there was verbal consent from them, although it was not documented in an email. Now, the organization is insisting on a 60-day notice period (as per policy), which was communicated to me just 2 days before my intended relieving date (45 days as per my email). Can anyone please suggest what I should do now? Can the organization prevent me from being relieved in 45 days? Please advise.

Steps to Address Notice Period Discrepancy

Please review the notice period clause and inquire with your HR department if they can make adjustments for the shorter notice period by offering compensation or utilizing any accrued but unused leave days.

Regards

According to you, you have done your part well by sending clear communication about your resignation through email and on the date on which you need to be relieved. They did not reply to your email, but they orally confirmed that you will be relieved as per your email.

Clarification Needed

But kindly answer my following points to have better clarity:

1. Why did you not ask your HR people to provide confirmation through email? What made you wait until the last date and be upset?

2. You mentioned it was communicated to your manager, but please clarify who communicated and how it was done. If they informed him/her via phone about your resignation, then it may be redundant to ask your manager for an explanation as he could claim he was unaware of your resignation.

3. Since you work closely with your manager, you could have inquired about your relieving date earlier. This way, he could have supported you in the process.

4. Is there any mention of Notice Period Pay in your appointment letter?

5. Can you discuss with your HR department the option of paying the notice period amount for the remaining days so they can proceed with your relieving process? They are likely to accept this proposal.

If you choose not to pay anything, then you can make the final decision and leave as you wish. You need not worry because they cannot prevent you from leaving as you have proof of the communication sent regarding your resignation. Since they did not respond, the decision is yours.

However, as Mr. Rohit mentioned, they might delay issuing the Experience/Relieving Letter or claim they will not provide it. Nevertheless, they are obligated to process your Full and Final settlement and settle any outstanding dues. They cannot deny you the Experience/Relieving Letter even after the completion of the 45-day notice period.

If they refuse to process the Full and Final settlement and do not clear your dues, even after agreeing that you will pay the notice amount for the remaining days, you can inform them that you will seek legal advice.

To be on the safe side, keep your new employer informed about this situation to ensure a smooth transition without any issues arising after leaving the current company.

Regards,

M. Kannan

Dear Rohit,

Thanks for your prompt response. There is one small clarification in my query. Though they haven't confirmed my relieving date in 45 days, they did communicate via email that there are no issues once training for the replacement is completed. Does this fulfill my requirement? Can I obtain the experience & relieving letter? Please suggest.

I have corrected the spelling, grammar, and formatting errors in the text while preserving the original meaning and tone. Let me know if you need further assistance.

Regards,
[Your Name]

Notice Periods and Company Policies

Notice periods are based on company policies. Any relaxations in duration for specific individuals can only be given in writing. Verbal assurance by the manager has no meaning since managers are not empowered to change company policies. Moreover, there is no method to verify or validate verbal communications.

You can probably have a face-to-face discussion, in your presence, between the HR and your manager and see if it can work in your favor.

Try to understand, they diplomatically answered that "There are no issues once training for the replacement is done," which does not mean that they will relieve you after 45 days. They can say that training for the replacement is not over within 45 days, so you need to serve a notice period of 60 days.

Regards,
M. Kannan

Tendering of resignation is an official process and should be treated as such. Instead of mailing the resignation letter, you should have visited your organization personally, contacted your boss, and also the HR department. If you faced a problem with tendering resignation 15 days short of the prescribed notice period, you should have discussed if it could be accepted by adjusting the leave due to you or by accepting pay for the shortened period if they declined to accept the notice 15 days early. This approach would have allowed you to maturely resolve the issue at your own level. However, it is not too late to act accordingly. Avoid running after them through email; instead, approach them personally now and in the future if a similar situation arises.

Regards,
S.K. Johri