Stuck in a Notice Period Dilemma: Can My Employer Legally Hold Me Back?

Hi all, I have been working with my current employer for the past 3 years, out of which more than one and a half years have been on the current project where I am not receiving anything extra apart from my salary. All the expenses are being borne by myself, and I have started facing financial issues. I have discussed this matter with my director and manager several times but have not received any positive response. Consequently, I have started looking for a new job and have an offer where there is a chance of being on-site upon joining. However, they require me to start within a week, whereas the notice period at my current company is 3 months. I have submitted my resignation, discussed and requested with the director, manager, and HR in that order. Unfortunately, my manager is refusing to release me out of ego because I spoke with the director first instead of him, and he is insisting that I serve the full 3 months' notice period. I am willing to pay for the full notice period and leave, but the employer is now threatening to declare me as absconded and withhold my F&F, relieving letter, and other documents. The company that has offered me a position is open to a buyout and is willing to have me join under the current circumstances.

Legal Concerns and Employment Transition

1. Could there be any legal repercussions from my current employer?

2. Can they withhold my F&F, relieving letter, and payouts?

3. If I join the new organization, is there a possibility that my current employer will have any impact?

Please let me know if you need any further clarification or information.

In addition, can I take any legal action in the current scenario against my current employer for harassment or mental torture as they are preventing me from pursuing this once-in-a-lifetime opportunity, considering my three years of experience?

Understanding Notice Period Obligations

You are bound by the job offer and notice period conditions. You cannot compel your employer to change or accept a lesser notice if they are not willing. The company can label you as absconded and, therefore, terminated.

Considerations for New Employment

Will your new employer accept you without papers from the previous employer? It would be best to persuade your manager to accept early release and pay in lieu of notice. Probably, a tactful approach can help, but a legal approach will not work out.

Legal Implications of Breach of Contract

Your appointment order is categorical about a 3-month notice period. Nothing stops the company from taking legal action for a breach of contract, though they may not do so. You have no legal grounds for going to court based on the facts you mentioned in the case. Harassment and mental torture do not arise here just because they are not agreeing to a lesser notice period.

Dear Friend,

Though you have mentioned the notice period, it does not provide a clear picture of the exit clause stated in the appointment letter. Please reproduce the same verbatim for appropriate advice.

Warm Regards,

Bharat Gera
HR Consultant
9322404765

To relieve your current employer without providing the full two-month notice period, you can consider discussing the situation with your employer. Explain the circumstances and see if they are willing to accept a shorter notice period. It's important to maintain professionalism and transparency throughout this process.

If your new employer is only offering a one-month notice period, you may need to negotiate with your current employer regarding the notice period and salary settlement. Offering to pay one month's gross salary in lieu of the second month's notice may be a potential solution.

Communication is key in such situations, so make sure to have a clear and open discussion with both your current and new employers to find a mutually agreeable solution.