Is It Legal for My Company to Delay My Resignation Until a Replacement Is Found?

Hi all, I have resigned from my company due to career growth, organizational issues, and personal and health issues. Firstly, even after 2 years, they did not confirm my employment (this is also a reason for my resignation). Hence, my notice period is only 15 days, which is mentioned in my offer letter as well. Now, 11 days have passed, and they still have not accepted my resignation. I have neither signed any bond nor agreed to participate in any critical ongoing or upcoming projects. They are forcing me to revoke my resignation, which I don't wish to do. They are stating that they can only relieve me after I or the HR team provides a replacement for my role and I give the KT/training to that person. I am stuck here. I have health and personal issues that I need to take care of.

Is this legal?

Can anyone tell me, is this legal? Should I go and complain to the Labor Law commissioner? If yes, what is the procedure?

Please help me with what I should do next.

Reminder for Notice Period and Settlement

You may give a reminder asking to be relieved at the end of the notice period of 15 days, as is applicable in your case, and to make your full and final settlement. You can mention the personal health issue. Getting your replacement is not in your hands, and you are waiting to impart the KT/training to the next incumbent, which is unnecessarily getting delayed for no fault of yours. It may be indicated. Finally, you can warn them that in case this gets delayed beyond the notice period, you will be compelled to adopt legal recourse to secure your rights.

Though your present employer's stance is both illegal and unethical, and you can fight it successfully, it is very important to consider what you are going to do after your resignation. If you are switching jobs, have you received any job offers with a specified joining date? In such a situation, the prospective employer would certainly insist on formal relieving orders from your current employer. Failing to provide these orders could result in a dual employment case. Therefore, if you decide to leave your current job after the notice period expires, you must inform your present employer about this, with a copy sent to the prospective employer.

Thank you.

First of all, a company cannot hold you just because they are unable to find your replacement. Secondly, as you mentioned, you have not been confirmed by the company for the past two years, which gives you solid grounds for making a change. You need to clearly explain the situation to your prospective employer to avoid a dual employment scenario.

Take your prospective employer into full confidence. It would be better if you put everything in writing via email with your prospective employer.

For further clarity, please feel free to reach us at [Email Removed For Privacy Reasons].