Navigating Notice Period Challenges: What Happens If I Can't Serve the Full Term?

Dear seniors, I am working in a corporate company as a senior executive with a notice period of 1 month. I have resigned from the company on 04-Jan-2020 and requested to be relieved by 03-Feb-2020. They accepted my resignation letter and issued a resignation acceptance letter in which they mentioned, "However, release from the services of the company will be subject to satisfactory handover of the responsibilities assigned to you."

However, our SGM says that I can only be relieved after recruiting a new person or with a three-month notice period. On the other hand, my new employer has asked me to join on or before 07-Feb-2020. Unfortunately, I cannot report to work from 05-Feb-2020.

Questions Regarding Resignation and Notice Period

I have a few questions:

1) What kind of legal action can the company take against me?
2) Can they declare me an absconder even though I have given my one-month notice?
3) If I join the other company on 06-Feb-2020, will it be treated as a case of having dual employment?

Please guide me on what I should do in this case.

Dear Ramesh Ji,

Resignation Rights and Legal Implications

1. It has been held by the Supreme Court that to resign is a right of an employee who cannot be forced to serve if he is not willing unless there is some stipulation in the rules or in the terms of appointment, or disciplinary proceedings are pending or contemplated, which is sought to be avoided by resigning from the services. Therefore, the company cannot take any legal action against you, except withholding your "clearance certificate."

Clarification on Absconding

2. You are not absconding. You are resigning from your service after serving due notice as per your condition of service.

Notice Period and Dual Employment

3. Since your notice period is expiring on 03 Feb 2020, if you join another company after that date, it will not amount to dual employment.

Regards, Shobhit Kumar Mittal
Labour Law Advisor
[Phone Number Removed For Privacy-Reasons], [Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]

Dear Sir,

Thank you, sir. I have requested my boss for a smooth relieving process, but until now, they are not ready to relieve me. They have also mentioned that they will hold my salary, clearance certificate, and other documents.

Please explain to me whether it is legal for them to withhold my salary and clearance certificate.

Thank you, sir.