Can My Manager Legally Extend My Notice Period Due to Low Productivity?

Dear Team,

I have resigned from my company, and now there are 20 days remaining out of the 60-day notice period. My manager has previously shown no inclination to let me go, and I do not wish to continue working in my current organization. However, my manager is now pointing out that my ticket resolution count is low, indicating lower productivity compared to the previous month. He intends to compare my current productivity count during the notice period with that of the previous month and potentially extend my notice period based on this comparison. I am diligently resolving all the tickets assigned to me, although there are fewer tickets in my queue now. It is also worth noting that the productivity of other engineers is also lower.

Legal Concerns About Notice Period Extension

My concern is whether they can legally extend my notice period beyond the initial 60 days. In my resignation email, my manager clearly stated that I must serve a 60-day notice period, to which I have agreed. I am willing to serve the agreed-upon 60 days but not beyond that.

Please advise on this matter.

Thank you.

It appears that regarding the notice period, there is no linkage with the number of tickets cleared. How does it compare with your performance in previous months?

The approach of your manager seems to be to create some obstacles in smoothly relieving you. You need to confront such insinuations by replying firmly that your performance last month is as good as any of the previous months. This is purely an afterthought being put up now, as you have been paid fully for the last month. It is very much comparable with the performance of other employees, and there is no question of the notice period getting extended beyond 60 days. You can take up the issue with other higher officials whom you feel would be sympathetic to hear you.

Dear Colleague,

Good clarity was given by our colleague in his reply.

To add: Performance and relieving are in no way connected; hence, it is not legal.

Legally, what your manager is doing is not right. The notice period arises out of Terms of Appointment/Service Rules/Standing Orders, which seems to be clear in this case as 60 days. Hence, there ends your notice period. Obviously, it seems your manager is trying to put you in trouble to get relieved on time and might plan to drag your relieving.

You may well tackle it by direct discussion/escalation to HR/escalation to skip-level authority if needed and try to resolve. Till your relieving, kindly be doubly cautious and be more vigilant in your work. Put in extra effort in clearing your tickets and show all possible clearing to your best level without any drop in your normal performance levels.