How to Handle a Manager Delaying Your Resignation When You Have a New Job Offer?

I am having a problem with resigning from my current position. My scenario is that I have already discussed this with my manager about my intention to resign. She told me that she will accept my resignation but needs to find a replacement for my current position. Meanwhile, she wants me to hold off on resigning. I find this unfair because I have an offer from another company that requires me to join them as soon as possible (after serving my 2-month notice period). I also intend to join the new company promptly.

I have discussed this with her and even sent her a resignation email, but she seems to be putting this matter aside. I'm concerned that this delay will extend my notice period here and prevent me from joining the new company promptly.

I would appreciate advice from anyone who has had a similar experience in this matter.

Thanks in advance. 

I can understand your situation, but don't panic or worry about it.

Clarifying the Notice Period

First of all, let's clarify: Are you providing the sufficient notice period as mentioned in your employment letter? If yes, then you are free to move once your notice period is over. The law permits the employer to set the notice period to avoid hindering business due to absconding or leaving any employee without notice, similar to a termination case where the company is obligated to provide the said notice or compensate for the notice period.

The reason for setting the notice period is to find a suitable replacement or make a necessary decision within the specified time. Mentioning the notice period in the employment letter assumes that it is sufficient for the employer to take necessary action and both parties agree by signing the agreement. Therefore, there is no need to ask for an extra or extended notice period as it is not binding to the employee. However, it can be extended based on mutual understanding and consent of both parties.

So, the extension of the contract cannot be treated as mandatory unless you both agree on it. Once you have given proper notice, the decision is in their hands, and it is their responsibility to take action. By law, if you are following the company rules, then no one can stop you from leaving.