Stuck in Notice Period Limbo: How to Handle a Company Delaying Your Exit Date?

I'm currently on a 2-month notice period and one month in. The senior manager asks to extend the notice period for a week or two (no final date mentioned), and the relieving date cannot be given until backups are in place.

The reason is that some projects are not stable, which makes the senior manager uncomfortable. The colleague who will be taking over is going on vacation in the first week of August, which is when I complete my notice period.

It's important to note that the company hasn't formally accepted my resignation yet. Since I haven't received an acceptance or confirmation of the last day, I provided a date to my next employer because they cannot wait for my current decision. The next company is unable to delay the joining date.

I would like to have a clean exit, but it seems that won't be possible. I would appreciate hearing from experienced individuals here.

TLDR: The current company is not providing a relieving date and has requested to extend the notice period by 2 weeks for reasons beyond my control. The next company is unwilling to negotiate and is frustrated. Any advice would be appreciated.

Resignation and Notice Period

The poster has already submitted his resignation with sufficient notice as fixed in the contract of employment and is serving the notice period. When the resignation is in order and to be effective from a future date, which includes the notice period, the employer cannot be undecided on the acceptance of the resignation already submitted; nor is the reason for his hesitation, which revolves around making alternative arrangements, reasonable.

Handling the Transition to a New Job

However, a peaceful and formal separation is an essential ingredient in switching jobs. Therefore, the poster has to inform the situation to the prospective employer and ask him not to insist on a formal relieving document from the present employer, as the poster has no other option except getting himself relieved at the close of the notice period.

Responsibilities of the Current Employer

If the narrative of the poster is all true, the action of the senior manager of the present organization where the poster is in service is quite unprofessional. It is, of course, his responsibility to make suitable alternative arrangements to relieve the prospective resignee on the expiry of the notice period. Else, if he feels that his services are indispensable, he should come forward to offer him the benefits of the new job offered by the prospective employer. Under these circumstances, it is for the employer to make a decision that should serve the interests of both the employee and the organization in a fair manner.

Thank you for the response. I got to know from a credible source in the management that the company plans to withhold F&F and the relieving letter. Is this legal? Can the company cite reasons to withhold? Please advise.

Dear Sir, The resignation you have submitted to your Senior Manager requires a 2-month physical notice period as per the terms of your appointment. Please forward the aforementioned email to your new employer's HR department as evidence of your decision to leave your current position.

When forwarding the email to your new employer, kindly mention that you intend to fulfill all the terms and conditions outlined in your employment contract, especially concerning the notice period. If your current employer fails to provide you with a relieving letter, it is important that your new employer cooperates and accepts you even without this document.

I hope this information proves helpful to you.

Warm regards, Suresh