Stuck in Notice Period Limbo: How Can I Resolve This HR Standoff and Move On?

Notice Period Clause in Joining Letter

As per the joining letter I received, a clause mentions that a NOTICE PERIOD of 2 months is applicable post receiving the probation confirmation letter, and any waiver or reduction of it shall be at the sole discretion of the manager in charge. I completed my probation by the end of March 2017, but the confirmation was done in the HR portal on 08 Aug 2018 (10 days after I resigned on the portal), which clearly looks like it was done to make me stay for 2 months.

Resignation and Last Working Day

While applying for resignation on our HR portal, I selected the option of LAST WORKING DAY as 24 Aug, for which my manager and department head approved. However, HR argues that it is just resignation acceptance, not last working day acceptance. My manager, who is okay with me leaving in 1 month, is not putting anything in email about it. He just says that if HR accepts, he will. But there is no policy or clause stating that it is HR's decision. I've clearly given the knowledge transfer to my replacement, shared all the required work docs, and am basically doing nothing. So, making me sit idle for 2 months is a loss of my time and a waste of the company's money. Moreover, I can't join any other company until it is completed.

HR's Stance and Seeking Suggestions

But HR is not ready to listen or follow any of the clauses from the joining letter. She is not even ready to release me with a buyout. Now I'm completely clueless on how to proceed with this. Any suggestions will be helpful. Thanks a lot in advance. 

Dear Anno,

As you mentioned that your confirmation was due at the end of March, have you received any perks or benefits given to confirmed employees?

On the portal, when you applied for resignation, did it show your status as a probationer? Do you have a printout of that?

Were you confirmed in writing, and did you accept the letter of confirmation?

Lastly, and importantly, are you a confirmed employee or not? Please answer these questions first, and then I will be able to advise you on what you can do.

Hi Aniket, thanks for helping out. There is nowhere mentioned anything about extra perks for an employee on probation and a confirmed employee. In the portal, my probation application was showing as pending when I resigned. There is no option to take a printout of that, but I have a screenshot in which the confirmation date is mentioned as August 8th (i.e., 9 days after I resigned).

So, as per the system now, I am a confirmed employee. But as per the date I resigned, I was still on probation. The HR team intentionally confirmed it after my resignation to make me serve 2 months. It was actually supposed to be done around 1.4 years back.

If you are a probationer at the time you submit your resignation, you must serve the notice period applicable to a probationary employee (if applicable). Please communicate this information to your HR and copy your Director/CEO on the communication. If they still do not understand, inform them that you will take legal action if you are not properly relieved. If you are not working in a managerial or supervisory capacity, you can seek help from the labor office as well.

Please address the matter with your higher authorities very respectfully before considering legal action.

All the best.