How Can I Handle My Manager's Demand to Serve Full Notice While Securing My New Job?

Dear All, I have resigned from my position with a 60-day notice period as I have received a better offer. I am unable to serve the full 60 days, but I will be serving a notice period of 3 weeks. My manager is insisting that I serve the full 60 days' notice and not release me early. Kindly suggest what steps I can take to secure my job at the new company and to be released from my current company. Thank you.

You are bound by the terms mentioned in your appointment letter and the rules of the company. However, you can have a smooth conversation with your manager and HR for waiving your notice period. Assure them how best you can hand over to the replacement. If the matter drags on, you can also have a conversation with the HR of the next company regarding this issue. Best of luck.

Regards, Neha

Please read the termination clause mentioned in your appointment letter. No organization can withhold a relieving letter unless you are abiding by the conditions stated in the appointment letter. My only suggestion for you is to adhere to the separation/termination/resignation clause outlined in your appointment letter.

Thank you.

Compliance with Separation Formalities

Compliance with your separation formalities largely depends on your relationship with your manager, HR, and other managerial personnel. Try to convince them of your decision and express your support for your current company in case of any issues. You may also consider discussing the possibility of extending your notice period.

Tenure Considerations

How long have you been with your current company? If your tenure is more than 3-4 years, you are required to follow the separation formalities, including notice periods. You could also assist the company by identifying and training a successor to take over your role.

Please let me know if you need further assistance or clarification.

Dear Anuj,

You are bound to serve a 60-day notice period, possibly due to the terms of separation as laid down in your employment contract. You may be relieved earlier than the 60-day period if the clause for payment in lieu of notice exists in your appointment terms. The consideration of the buyout option is still pending with the employer as the functioning of the establishment would be adversely affected until an arrangement is made.

You should request your manager to reconsider the buyout option. The current situation entirely depends on how you handle it if your manager does not agree to your proposal. Firstly, you need to discuss with the HR department of the new organization:

(i) to extend your joining date by 61 days

(ii) whether they are willing to onboard you without a relieving letter from your current employer.

If they agree to point 1, there should be no issue. In case of disagreement with point 1 but agreement with point 2, you should deposit the 60-day amount with your current employer, but ensure to do so through a lawyer.