Stuck in a Notice Period Dilemma: How to Handle a Manager's Threats Over Contract Terms?

I have a query regarding the problem I am currently facing. I joined a company in Bangalore, and my appointment letter clearly states that an employee can terminate the contract by giving a 90-day notice in advance. Due to some personal reasons, I have to go back to Pune and work there. I have already resigned from my current company two months ago, and now it's the last month to serve the notice period. However, they are creating problems by stating that they will not release me after the 90-day official notice period and are asking me to extend the notice period by two months. I am saying that I can't extend it by two months as my other company cannot wait that long. My current manager is threatening me that if I don't extend, he won't provide good remarks on my relieving letter. Please suggest what I can do in this case.

I am associated with one of the most reputed MNCs, and I have recently resigned. The issue is that my current employer is forcing me to extend the official notice period by 2 months. I am serving the 90-day notice period, but when I asked my manager to start the release process for me, he is asking me to extend it by 2 months and is threatening me that if I don't extend, they will put negative remarks on my relieving letter.

As far as the company policy is concerned, it is clearly mentioned that either you have to serve the full 90 days or you can opt for a buyout.

What should I do? Should I seek legal advice? If yes, please suggest the relevant Act to refer to.

Hi,

Please request him to relieve you as you are serving the notice period as per your company policy. If he does not agree, then you can take legal action. Also, inform your employer that you will proceed with legal processes.

Dear Akash, have a meeting with your manager and explain to him that a notice period of three months is sufficiently long, and any forcible extension would be against the provisions mentioned in your appointment letter. During the meeting, remind him that any threats made are illegal. Emphasize that your relationship with him is not one of a master and servant. When concluding the meeting, express your intention to escalate the matter to HR to find a solution for your replacement. Be firm in your communication but maintain utmost politeness.

While the meeting is in progress, discreetly record the conversation on your mobile device. The audio file can serve as evidence of any threats made. Exercise caution to ensure he does not suspect recording. For added security, enable flight mode on your mobile to prevent disruptions from incoming calls. Speak clearly to ensure your voice is recorded effectively. Download a suitable app for recording and verify the maximum permissible recording time.

It is likely that your manager may not agree to your request during the meeting. Before leaving, summarize the discussions that took place.

Subsequently, submit an application to HR requesting your release on the due date. Mention in the application that the manager has threatened to affect your relieving letter, which is not acceptable behavior for a reputable MNC like yours. Avoid disclosing the audio file evidence in the application; simply request a timely release.

If your initial request is not granted, submit another application to request an interview with the Managing Director of the company. Further actions can be considered based on the outcome.

General Comments

The content of the initial post raises concerns. While many MNCs have extended notice periods to three months, the inability of a reputed MNC to arrange a replacement within this timeframe is regrettable. The audacity of the manager to threaten the employee's reference check is alarming. It raises questions about the manager's accountability, adherence to labor laws, and the use of relieving letters as a tool of control. The disconnect between HR's emphasis on employee engagement and the actions of some managers is evident in the post.

Thank you,

Dinesh Divekar

1. Has your resignation been accepted by the management? Do you have the acknowledgment in writing?

2. Have you been communicated to extend the notice period in writing or is it verbal only? I presume HR is also a party to this situation, as nowadays HR is busy aligning with business hence the "H" of HR is not important to them. Please follow the advice of Mr. Divekar and create some solid evidence.

1. No, when I ask them to please send the acceptance of the resignation, they come up with these things.

2. It has been communicated verbally only up to now.

Acknowledgment of Resignation

1. You have not mentioned anything regarding the acknowledgment of resignation. How did you resign? Was it a hard copy resignation or through an email?

Communication Acceptance

2. It is an established principle that if the other party does not communicate their version within a reasonable time, your communication is treated as accepted.

Confirmation to HR

3. Write to HR confirming that you resigned on a specific date and that you were verbally communicated by (name of the person) from HR that HR only verbally accepts the resignation and does not provide it in writing.

Notice Period and Last Working Day

4. Also, mention that as per the clause in my appointment letter, my notice period is 90 days, and accordingly, my last working day would be on a specific date. Please let me know who will be taking charge from me.

Addressing the Email

5. This mail should be addressed to the HR head and should be marked to the CEO, your department head, and your reporting manager.

1. I didn't get acknowledgment of resignation up to now.
2. I have resigned through an email.

Ensure there is a single line break between paragraphs.

Is a resignation acceptance email mandatory to start the release process for an employee?

Dear Akash,

It is alright if you resigned through email. Please let me know, did anybody in the organization speak to you regarding your resignation to understand the reasons for your departure? Did they try to retain you?

I have provided a way forward in my previous message; please follow that. Additionally, please contact a good advocate for this matter.

With warm regards,

Bharat Gera
HR Consultant

Yes, they offered me a high CTC and tried to retain me, but I have rejected that offer.

Is the notice period supposed to start after the acceptance of the resignation or when the employee submits the resignation? Can anyone please provide an answer to my question?