Is It Fair for HR to Delay My Resignation and Threaten to Mark Me as Absconding?

Please help. I had given my resignation on 11 August 2021, stating that my last working day would be 9 September 2021. This is a one-month notice. I am still on probation, and as per the contract, I will have to serve this notice period, which I am doing so happily. However, my resignation was not accepted until 02 September 2021. Now, after I got my resignation signed, my HR says that my notice period starts from 02 September 2021 (the day it was signed), and I will have to serve until 02 October 2021 to complete my notice period. If I leave on 9 September 2021, they will mark me as absconding and confiscate my salary.

Now, please tell me, is this a fair practice, and if not, please suggest who I should approach for the resolution and what I should do. They want me to work for my new job as my joining date is on 10 September 2021 and continue with them. I really don't want to do that. They have my salary on hold for the month of August (my notice period), and if I continue working for the month of September, they will still hold that payment as well. I wanted a smooth transition; this is really frustrating. I am an honest employee who worked 14 to 15 hours daily, nearly had 5 or 6 days off in the past 6 months, and worked alone in a department that requires at least three staff members. Is this the way I should be treated?

Smooth Transition Tips

Please note that if you want a smooth transition, it is good. However, do not love your company; love your job. Also, ensure you have proof of your resignation, which you submitted to your current employer.

Steps to Address the Situation

1. In this case, talk to your new employer and present the situation to them. [Put it in an email.]
2. Ask the new employer if, in this situation, they will accept your employment without a formal release, as your current employer may not be willing to provide one.
3. Please keep all your conversations in an email as proof.

Extreme Measures

In an extreme case, an employee can lodge a complaint with the Labor Law Commissioner to protect their rights.

Hope this solves your query. Be bold and make decisions.

Regards, Kiran Bhambid
Payroll & Labor Law Consultant