Stuck After Resignation: Can My Company Really Make Me Stay Beyond My Notice Period?

I am working with a software company for the last 4 years, and this is my first company. I had resigned in May 2017 but took back my resignation when the company provided equal remuneration as the new company was offering me and promised me consideration for an overseas assignment.

I have resigned again now in June 2018, but one month past resignation, my manager has not accepted my resignation. I have contacted the HR department as well, and they have conveyed that unless my manager approves and submits my resignation to them, they cannot process it.

I have resigned by mailing it officially from the company's email ID and also submitted a hard copy to the manager. I had even marked the HR in CC for their reference. I have a notice period of 3 months as per the company's policy, which is mentioned in the appointment letter given to me. It can be extended in case any assignment given to me is not completed. I have also asked them to utilize these 3 months to replace me from my current assignment. I am not under any bond, nor have I signed any documents stating that I need to work for an assignment for a particular duration.

Currently, I am working on an assignment for a US client from offshore. My B1 visa was under process for the same before I resigned. Now my manager is mentally harassing me by saying that the company would not relieve me for another 6-8 months, citing that the US assignment is in the initial stage and my resignation would impact the credibility of the company. Additionally, my US visa appointment has been canceled by them, and I have been asked to pay the compensation for the same, which is approximately 11K.

Based on the above narration of my resignation, I have a few questions:

1) Can the company force me to stay once my notice period of 3 months is completed?

2) If they do force me to stay, what actions should I take since I do not want to leave the company on a bad note?

3) I do not mind paying the compensation of 11K for my visa, but do I need to pay this? Note: There is no policy in my organization stating that I need to pay for my visa if the process is canceled due to resignation.

Please guide me as this will be my first official switch, and I have no desire to stay with my current organization anymore. My new company is an MNC, and they require a relieving letter and experience letter, which might be difficult to obtain from my current organization if this ends on a bad note, which I want to avoid.

Note: I have all the proof of resignation and the latter discussion of non-acceptance of resignation on the company's official email ID and backup on my personal email ID.

Resolving Exit Challenges with Management

A desire for a clear exit with documents and the organization's wish to let the employee leave in good spirits are both needed. Here, the problem appears to be the clause: "till the assignment is completed or 3 months' notice." You probably need to escalate the matter to a level above your manager, who is playing with the wording of your appointment order to delay or stop your exit. The stance of the manager is unreasonable as the clause "till assignment is completed" gives him leeway. Only higher management can help you out.

Constitutional Rights and Forced Labor

By refusing to accept the resignation duly submitted, the employer is forcing you to continue in employment. This is violative of Article 23 of the Constitution, which prohibits forced labor and other forms of involuntary work. Since the management has not replied to you yet, citing the provision that the notice period can be extended in case any assigned work is incomplete, this situation can be considered as forced labor. However, it is important to note that there is no way to avoid accepting the resignation. The only decision to make is whether to release the employee at the end of the three-month notice period or any extended period necessary to finish ongoing assignments.

You can communicate with the employer, referencing the constitutional provision, to explore finding a mutually satisfying solution.

Hi, I am the HR manager in a software company. One of my employees has submitted a resignation email. After discussing with my technical panel, they have informed me that we cannot approve the resignation at this time due to lack of support and high workload. How should I respond to the email notifying the employee that we are unable to accept the resignation presently?