Stuck in Notice Period Limbo: How to Handle Management's Delay in Relieving You

Hi all, I resigned from my position in June and asked my manager to relieve me in one week. He replied, saying that I need to serve a two-month notice period. I am currently serving my notice period, which will be completed in another 15 days. However, the management is now stating that they cannot relieve me until the position is replaced.

What can be done? Suggestions, please?

Hi, This is a win-win situation. As advised by the manager, you had agreed to a 2-month notice period (though it's unclear what your appointment order states about the separation clause). Now, they are asking you to continue until the position is replaced. An employer can only make a request and cannot claim it as a right. However, to ensure an amicable relieving process, please try to close with a replacement and do your best. Also, keep all your communications in writing or through email, and make it clear that you have completed the notice period as per the terms and conditions.

My offer letter says:

Termination of Employment:

The employer may terminate your employment at any time by providing you 15 days of notice in writing, mentioning the period by which you will have to leave the employment or as per the discretion of management.

The company may, at its absolute discretion, reserve the right to terminate your employment with no reasons and without any notice.

During the probation period, you may resign from the services of the company after tendering to the company 2 months of notice or 2 months' gross salary in lieu thereof, at the sole discretion of the company.

Upon resignation, if the employee fails to serve the notice period, then it is mandatory for the employee to pay the gross salary on a pro-rata basis for the number of days he/she has not served the notice period.

The company may, at its absolute discretion, waive the notice period or gross salary in lieu thereof that is required to be given by you.

Note: I am serving the 2 months' notice period already and only 15 days remain. The company has not paid 2 months' salary due to some financial crisis but has mailed that it will get sorted soon. I was ready for the buyout option as well, but they did not agree, so I have agreed to serve the notice period. I have tried my best to schedule interviews as well.

Now, what if they have not shortlisted anyone and will not relieve me on the last day?

Can I just complete my notice period and stop going to the office?

What if they don't settle my pending salary and do not issue the experience letter?

Also, we were only 3 HRs in the company, and all 3 have resigned.

I have an offer. Kindly suggest what I can do.

I do not understand why people don't provide full information at once when they post.

If you have not received your salary, you are under no obligation to complete your notice period, as the employer has already breached the contract of employment. If you are completing your notice period, it does not matter if they haven't found anyone to take over from you. That is not your problem.

Though I am wondering why you are bothering to stay when they haven't paid, and I don't think they will pay if they have a financial crisis. They would prefer to pay existing staff, not those who have left.

The actual problem is with the relieving letter

You need to focus on what you need to do to get it. Forget about legal action or legal rights in these cases. Instead, try to be diplomatic and get it. If you get a job, you need to tell the employer to wait until you finish your remaining notice period. Any employer who insists on immediate joining is, in my opinion, a bad employer.

Firstly, I would like to thank you all for your inputs. At first, I thought the information I had typed was enough to get answers from the experts, as I am posting it for the first time. Thanks to Mr. Lakshminarayanan for your answer.

Coming to Mr. Banerjee, thank you too, but the answer is still not clear even after I have explained it fully.

My New Offer

Here is my new offer - the employer is not forcing me to join immediately. Initially, they just asked whether I could join within a week. However, my current employer refused to relieve me within a week and asked me to complete a 2-month notice period.

Currently, I am serving the 2-month notice period, which will end on August 16th. As of today, they are saying that until a replacement is found, they cannot relieve me.

I am not thinking about pending salary, taking legal actions, or other measures at the moment. I just want to know what I can do if they do not relieve me on my last working day, stating they will not issue the relieving letter. The relieving letter is important to me, and I am continuously working on finding a replacement.

If you complete your notice period, it is not your responsibility to ensure that the person who will work after you is trained. Therefore, technically, there is nothing to stop you from leaving.

That said, there is very little you can do if the employer refuses to give the relieving letter. Taking legal action is rarely the answer in India, where cases can go on for ages.