Can My Company Legally Force Me to Stay After Resigning to Move Abroad?

mrinalni-mayur
Hi, I have been working for a company since August 2020. My appointment letter mentions that an employee can leave at any time by giving a 3-month notice period. It also states that, based on mutual agreement, the employee can leave at any time by paying an amount equal to 2 months of the base salary. In June, I requested my manager to apply for resignation due to personal reasons on an urgent basis. I submitted my resignation citing a 1-month notice period (although I verbally agreed to work until the end of July if required). Initially, my manager agreed to let me resign and leave by the end of July. However, since then, he has not confirmed my end date and is causing delays. I have already informed HR and clients (who have no issues) as requested by my manager. I have been patiently requesting my manager to provide the end date as I need to start my transition process (returning the laptop, etc.).

Every time I inquire, he brings up a different issue. I must leave the organization by July as I am relocating abroad. Therefore, I wish to avoid any legal complications after leaving. My concern is if my manager does not confirm my end date until July, can the company compel me to stay or take legal action, despite my agreement to pay the notice amount and giving notice 40 days in advance, on the grounds that they could not find a replacement? (Given that I am the most junior employee in my team, I find it hard to believe my manager is struggling to find a replacement.) Please advise me on this matter as my worries about the consequences grow with each passing day, and I am becoming increasingly anxious.
Nagarkar Vinayak L
If you have complied with the notice period or payment in lieu of short notice conditions in the appointment letter, ordinarily, you need not worry, and you can quit at the end of the stipulated notice period.

I suggest you write to the top authority, stating the fact that your manager, having agreed to your request verbally in the resignation letter, is not relieving you. Unable to get a replacement cannot be a reason to hold back your release.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
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