Navigating Relieving Issues and Notice Period Challenges: Strategies for Successful Employment Trans

I am currently working in a Pvt Ltd IT company. 2 days back, I gave my resignation. My reporting manager acknowledged my relieving, stating that from his side there are no issues to relieve me. However, HR is not willing to relieve me. She sent a mail saying, "First of all, we need to find a replacement since you are in a senior position. We want you to give a proper KT to the new joiner and then leave. We would relieve you only after we find a better and suitable replacement." This is the mail HR sent. There are no hard rules written for the notice period also.

I have to join a new firm since the current company is not confirming my relieving date. Please, somebody help me.

Please refer to your appointment letter for the standard guidelines mentioned for separation from the firm. What does it say about your notice period? Did you discuss your notice period with your prospective employer during the interview?

The submission of resignation begins the process for separation from an employer. Your manager has processed it but has not accepted it.

The HR team has mentioned a condition: Knowledge Transfer is vital. However, is the back-fill mentioned as a condition for separation in your Appointment Letter?

Please work alongside your reporting manager to create the document for Knowledge Transfer in case there are no team members to be trained by you.

If you don't have the time to serve the notice period, offer the HR to buy it out.

Write a detailed letter to your manager, marking a copy to your HR, mentioning the time duration you would be able to serve your firm. Provide an end date beyond which you wouldn't be available. Offer to buy out the remaining duration of the notice period, if any. Offer to settle all dues and complete the transfer of responsibility and knowledge. Share the complete timeline. Finally, mention that if no response is received within 3 working days, it will be considered as an acceptance of the resignation.

If possible, send this as a registered letter. In case you have to email this, keep a hard copy of the receipt from your inbox.

Talk to your new employer about the release and keep them informed about the developments. Seek to understand the Experience Letter and other documents that they would need to validate your release.

Above all, remain very supportive of your reporting manager. Request a letter of recommendation from him. Hand over all company property, such as a laptop, cell phone, hard drive, and other company-owned items that you have, to your manager. Take it in writing that you have handed them over to him.

Wishing you all the best!

There is no notice period mentioned in my offer or appointment letter. Moreover, my manager replied to my resignation, "If all the backup and handover of the work handled by Manu, who is working as Team Lead, is taken, from my end he can be relieved from his duties."

Now, the HR and management are challenging me, saying to let me go for legal ways as they have enough people to look after it.

What is your new company saying? If they do not require a relieving letter, you should return your current company's assets on your last working day. Write an email and send a registered letter with a scanned copy of your resignation letter. Then, you can join the new company.

In another situation, if the new company requires a relieving letter, you should still write an email and CC HR, stating that you will wait for one month to fulfill KT requirements. Request an extension of the Date of Joining (DOJ) till 4-6 weeks and explain the situation. They should agree to this. You need to convince both parties. Work with a cool mind and support strategically so that you can leave your current company on good terms.

RDS Yadav
Management Consultant and Advisor