Stuck in a Notice Period Dilemma: How to Handle Employer's Pressure to Extend It?

Hi, I am Rakesh, working as an Assistant Manager Sales in a software company. I have been with them for 14 years. I submitted my resignation on 23rd September, and HR acknowledged it by sending an email stating that the final decision would be made by management.

After one and a half months, I received an email from my manager informing me that my resignation had been rejected and requesting me to withdraw it. When I approached HR regarding my Full and Final (F&F) amount, I was informed that since I did not respond to their previous email, they considered my resignation null and void. Upon expressing my decision not to withdraw my resignation, HR stated that my notice period would start from that day onwards.

I explained to them that I have already served 90 days of my notice period and have committed to joining my next organization. They are now pressuring me to serve an extended notice period, threatening to deduct an amount from my F&F otherwise.

Please guide me on how to handle this situation as I am currently serving the 90-day notice period commitment and feeling very anxious.

It is not good the way you were treated by your employer after 14 years of service. You could have followed up with HR regarding your Date of Resignation (DOR) after sending in your resignation. Now, one option is to approach HR with copies of email correspondence and fight for your relieving. However, your employer may take the upper hand and try to manipulate false charges against you, complicating your relieving.

Another option is to request HR to resolve the issue amicably by compromising on your DOR to some extent. If you choose to pursue legal action in a civil case, it may prolong for many months or even years. Therefore, it is advisable to aim for an amicable split.

Kindly consider the above advice and take steps accordingly.

Dear Rakesh ji, it's very easy if your contract has a term specified in it; then you must serve that term, or else it will be a breach of contract. If there is no contract or no term is specified (see this Things To Remember While Drafting A Valid Employment Contract), then the following notice specified under the law is only 45 days.

As you said, you have been working for more than 14 years. I do not think there will be a contract. Tell your employer that he cannot legally restrain you from exercising your right to choose another employment. If there is such a contract, it is void. See this See This Before Signing of Contract of Employment: Agreement In Restraint of Profession and Employment Contract:-.

Dear Sir, please note that I have not signed any contract, and I am unable to understand why my company and HR are directing me to serve a notice period chosen by them, even though I am already serving the 90-day notice period.

According to them, if I do not serve the extended notice period, they will deduct the amount from my Full and Final settlement. I am seeking guidance on how to handle this situation as I have already committed to the next company. Despite my requests, they are insisting that I serve the extended notice period.

I would greatly appreciate your advice.

Thank you.

Resolution Options for Notice Period Issues

As per my knowledge, it can be resolved with either serving the notice period or notice pay. Notice pay means it's only the basic salary. Make a DD in favor of your company and close the issue as you committed to joining your next job. I hope that you have chosen a dream job in your company. As VML sir already said, you should follow up with HR for your date of release.

Further, please make a plan about your clearance for company assets or any dues along with your experience certificates.

Many thanks,

G. Vasanth

[Phone Number Removed For Privacy-Reasons]

Dear Sir, Please note that I am already serving a 90-day notice period which is set to be completed by December 23rd. However, my current company is requesting me to extend my notice period until February 25th of next year, which I believe is unjustified.

I have informed my future employer about this situation, and they have expressed their willingness to onboard me without requiring a relieving letter. My main concern is how my current company can demand that I serve beyond the agreed-upon notice period. They are implying that they may withhold my salary, leave encashment, and gratuity.

I would appreciate your advice on how to respond to this situation.

Thank you.

I would like to highlight that my resignation was acknowledged by HR on 23rd September, and she had indicated that the tentative last working day would be 23rd December 2019. Any leave taken during the notice period will extend your last working day by the number of days of leave taken. I have not taken a single leave and am serving a 90-day notice period. However, they are now attempting to change my resignation date from the 23rd to the 25th of February. Please suggest how to handle this situation.

Handling Resignation and Notice Period Issues

When you submit your letter of resignation, your HR should acknowledge it by sending an email. Print out the email and discuss it with your HR. You can assertively state that you are willing to provide the required notice period and collaborate with the management. If your HR insists that you must work a 90-day notice period, you can request a new resignation acceptance letter specifying your expected date of departure.

If your potential new employer does not require a relieving letter from your current employer, you can start on the date they have proposed. Otherwise, consider meeting the HR of the new company in person, share the correspondence, and ask for an extension of the start date.

Best wishes

Thanks for the above suggestions. To all respective members, I want to update that my new employer has no issues with me joining. Please suggest how to negotiate for my relieving letter and my F&F, as my F&F involves a substantial amount. I am informing my current employer that I am already serving a notice period of 90 days; however, after a long gap, they are asking me to serve an additional notice period based on their decision. Kindly advise if an employer can make a decision on an employee's resignation (given that the employee has no contract or handholding) and whether they can prevent an employee from serving an extended notice period based on their own conditions.

I need your earliest suggestions to help me draft an email on this matter.