Stuck in a Job with a New Offer: How Do I Handle My Resignation and Notice Period?

Hi, I'm in a situation where I got an excellent opportunity from an MNC. After receiving an offer from them, I resigned from my current company on 2nd June. My new company wants me to join them on 24th June, so I resigned requesting early release. However, the HR manager verbally instructed me to inform the new employer that I must serve the full notice period, which I did. Despite my efforts to extend my notice period to fulfill the requirement, they have not responded to my resignation. I have spoken with my manager, who is also the director of the company, multiple times, but he refuses to accept my resignation and dismisses me, claiming he has more important work and will address my situation later. This behavior is causing me mental distress.

Handling the Notice Period

My official notice period with the company is 30 days. How should I handle this situation?

Threat of Legal Action

They are threatening me with a clause mentioned in my appointment letter that states, "You may not leave the Company in the midst of a project without proper handover. An absence of more than a week from work without notice will be considered as an unqualified resignation, allowing the Company to initiate legal proceedings."

Project Dependency

The project for which they are holding me accountable is not dependent solely on me; my role is to coordinate with the team we hired to complete it. The project is expected to take another 6 months to finish.

Need for Relieving Documentation

My future employer requires proper relieving documentation from my current company to proceed with the Background Verification process. I cannot afford any issues arising during this transition.

Please advise me on how to navigate this challenging situation. I feel like I am on a bridge that is burning from both ends.

Not accepting resignations is common in small enterprises. This is because they fear they may not be able to arrange a proper replacement, and the resignation could disrupt the project.

Nevertheless, your career's progress is important to you. Therefore, you may submit an application to the MD of your company. Explain to him that you had a good stay, and you expect your exit to be the same. If required, be ready for a trade-off by way of foregoing a portion of your salary.

While dealing with the MD, be polite and do not lose your cool.

If this attempt does not work, then come back to us. We will see what to do.

Thanks,

Dinesh Divekar

I tried talking to him three times, but his response is always the same. He says, "We will accept your resignation and will not stop you from leaving, but it will be on our terms." However, for me, this means that the new company I am interested in is not going to wait. 

Legal Implications of the Clause

Legally, can he use that clause against me, even though I serve the complete notice period?

Dear member, in that case, I recommend you approach the Labour Officer (LO) of your area. Please note that the LO is a mechanism created by the government to redress grievances. It is different from a labor lawyer who works in his personal capacity.

When you approach the office of the LO, take proof of employment and also printouts of the correspondence you had with the Director. Explain to him that the Director is forcing you to continue beyond the notice period. Speak in the local language with the LO.

The above recommendation is based on the assumption that you do not have any subordinates.

Thanks,

Dinesh Divekar

My current company is not accepting my resignation. My official notice period is 30 days, but they are forcing me to stay beyond this period by giving a tentative relieving date. I have already asked my future employer to extend my joining date, but I can't provide them with a tentative date. What should I do in this case?

Please refer to the Separation clause of your Appointment letter. If it states that you need to serve a 30-day notice period, you may give a 30-day notice period intimation. After submitting a No Dues Clearance certificate from all departments, you may demand your relieving order and final settlement dues.

If your new employer is not particular about a relieving order from your current employer, after completing the notice period, you can stop working and join duty at the new company. Seek the help of a labor law expert to obtain your relieving order and final settlement dues.

Separation Clause and Notice Period

The separation clause states that I must provide a notice period of 30 days. Additionally, there is a clause that says, "You may not leave the company in the midst of a project without proper handing over of the project. An absence of more than a week from work without notice will be treated as an unqualified resignation from work on your part against the spirit and letter of this contract, allowing the company to initiate any legal proceedings as per the terms of this contract."

Can they use this clause against me, making it an excuse to hold me against my will because they are not getting a proper replacement? The project they are referring to has been assigned to a third-party team, and I have zero knowledge about completing it.

Please suggest!