Facing Notice Period Extension: Can My Employer Withhold My Relieving Letter and Salary?

I had resigned on 16th August and have a 2-month notice period. My employer agreed to relieve me by 8th October 2021, and an email stated that the last working day (LWD) is 8th October, subject to the completion of the handover. I sent the handover tasks list to my reporting manager on 15th September, to which he did not reply. My reporting manager stated in an email that my handover was complete on 28th September. On 1st October, he sent me an email stating that a few of the tasks I mentioned in my earlier email, which I would try to complete before leaving, should be completed; otherwise, my notice period will be extended. Please note that in the 15th September email, I had clearly stated I would try to complete them before I go; I did not say they would be completed by then since these are dependent upon other stakeholders.

As per the company, my last working day is 14th October if 60 days are to be counted. My next employer is not ready to wait for more than this and has asked me to join by 11th October. The current company also has a policy that in case of a shortfall in the notice period, salary can be adjusted. The current employer has not paid me my salary for August and September, saying that I was on a notice period. Can my manager extend my notice period (till now there is no mail at the end of 4th October)? I am planning to leave on 8th October irrespective of what he says. Is there legal recourse to it? Can the company stop issuing me a relieving letter and declare me absconded if they extend the notice period? Also, can they stop my payment for full and final settlement (FnF)? All support and guidance are appreciated.

Dear Draizy,

Notice period prior to resignation doesn't alter the right of an employee to receive their salary for the services rendered to the employer, nor does it affect the employer's liability to pay at the end of the wage period.

When the employee is present for work during all the days of the notice period, any shortfall noticed by the functional head that could lead to a dispute would be a question of fact, depending on the nature of the work, particularly when its accomplishment involves joint efforts of many people or cyclical phases. Therefore, it cannot be a valid reason for extending the predetermined notice period of an employee whose resignation was accepted and the actual exit date already agreed upon by the employer.

Apart from being a breach of the employment contract, withholding the salary for the notice period is neither a good HR practice nor a legal act that could be supported by any plausible explanation from the employer.

Similarly, it is not a good administrative practice for a prospective employer to shorten the joining time of any candidate already employed in another organization.

You should note that a paid employment career is a continuous process facilitated by cordial interpersonal relationships with your colleagues, particularly with your immediate superiors, as they are the best judges of your performance. So, please don't indulge in wild imaginations, which can make you more emotional rather than rational in handling a difficult situation adeptly. There is still time to patch things up.

Therefore, whatever way you choose to separate from the present organization, it is better for your career to ensure that it does not create a conflict situation that can adversely affect your career in the end.