Stuck Between Job Offers: How to Handle HR Delays and Withheld Salary After Resignation?

My notice period is 3 months, but I have received a better opportunity from another company, and they want me to join within a maximum of 1 month. After discussions with my manager and IT, they have provided me with clearance via email. Based on this email, I am planning to join the new company.

However, when I submitted my resignation letter to our HR department, they have not granted me the necessary clearance. Additionally, they are withholding my last two months' salary as well as my provident fund (PF).

I would appreciate any suggestions on what steps I should take next.

Thank you.

Your HR is in the right stance because the notice period is three months, whereas you left before completing the notice period.

It would be advisable to meet with the HR head and request consideration of your resignation through a buy-out option, as this may be the only solution left for you. In a worst-case scenario, consult with an advocate (provide your appointment letter) to identify any loopholes that could potentially be advantageous for you.

As you have mentioned, your notice period is three months as per the terms of engagement. You have two things to do: (i) you should have asked the new employer to buy out the notice period or give you three months to join, (ii) you should have met with your HR personally to discuss your issue with him or her. HR is there to follow the SOP/Policy of the company. It would be better if you meet with them; hopefully, they will understand the situation and will relieve you.

All the best to you.

Hello, I am not sure on what basis you took your manager's and IT's email as the final word on this issue, considering it's from the company. The reporting manager's role in the resignation process is to assess the handover activities, timelines, and workload, while HR's role is to ensure the employee follows company-wide HR policies. Any waiver or reduction of the notice period is always done on a case-by-case basis.

Meeting with HR

Like Girraj Sharma suggested, the only way seems to be to meet and discuss with HR. You have not mentioned your experience level—if you are a junior-level employee, you can take the stand that you were misguided. If you are a mid or senior-level employee, then I am afraid you might have a tough time convincing HR. But I don't see any other way out.

All the best.

Regards, TS