How Can I Handle My Manager's Refusal to Shorten My Notice Period for a New Job?

I am working as an ATM engineer, and now I have got a new job. So, I am resigning from the organization and have given 1 month's notice instead of 2 months. I am willing to compensate for the remaining 1 month, but my manager is not ready to release me. He insists that I have to serve the complete two-month notice period. However, it's not possible because my new employer is not willing to wait for two months for my joining, and I can't afford to miss this opportunity.

As per our manager, if I do not serve the two-month notice, he will not complete the full and final settlement. Please help me out.

Please go through your offer letter and appointment letter. There might be some conditions regarding full and final payment. Most companies have a buyout notice system in which you compensate for your short notice days. I would advise you to sit down with your manager and HR to find a possible solution. Also, keep in touch with your new HR.

Talk to your seniors; they will understand your concerns. Since you are willing to pay, I hope they will approve it either now or later. Additionally, keep all conversations, whether via email or phone call, in soft copy if possible so that you can refer to them in the future. Inform your next employer about the situation. In some cases, companies may have formats like self-declaration of last employment, which can be used in lieu of a relieving letter. Consider your priorities and act accordingly.

All the best,

Handling Notice Period Challenges

Nothing can be done if your previous employer insists on serving the complete notice period. Discuss with the new employer, and if they are willing to take you on board without a relieving certificate from the previous employer, you can decide on joining the new location. You may need to forgo the Full and Final (F/F) settlement or request them to arrange the F/F settlement after deducting the payment for any shortfall in the Notice Period (NP).

Keep in mind that the Notice Period is intended for a smooth transition and to find a suitable replacement for your position. Therefore, the NP clause is formulated and agreed upon, which is binding for both parties.

Regards,
Pon, Chennai

Dear Pon, As per the company policy, I am ready to compensate for the remaining notice period. Due to some personal issues, my manager is not relieving me. Is there any legal action I can take against the same?

Thank you.

Thank you for the suggestion. I want to ask one more thing: my manager is not releasing me due to some issue. Can I take any legal action? Is there any law to protect employees in this situation? Please let me know.

Regards

As per what was said, I was told to refer to the appointment letter, which states a one-month notice period. However, the increment letter indicates a two-month notice period. I have not signed either of these letters nor have I returned them to HR.

Thank you for the suggestion. I want to ask one more thing: my manager is not relieving me due to some issue. Can I take any legal action? Is there any law to protect the employee in this situation? Please let me know.

Steps to Address Non-Relief by Manager

Send a letter giving details of your resignation (enclose a copy of your previous letter) and ask them to relieve you immediately by adjusting the notice pay from your eligible amount. Mark a copy to the concerned Labour Department - ACL or DCL, who can assist you in this matter. Obtain an acknowledgment while submitting any kind of letter to the employer. If denied, send them through Registered post with ACK due.

Regards,
NVS
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