Can My Employer Extend My Notice Period Beyond Policy? Seeking Advice on Legal Options

I put in my papers at a software company where I currently work on 20/02/2008. The HR policy of the company clearly states that an employee may leave the company after serving a month's notice or by buying out the notice period if the supervisor agrees. So, the 30-day notice period ends on 20/03/2008, which I'm willing to serve.

However, strange as it may sound, my supervisor is unwilling to relieve me before 31/03/2008, demanding a notice period of 41 days. Now, my next employer is not ready to take me in after the 28th.

Can I take legal action against my company? If so, how?

I even consulted the HR (she acknowledged that there exists a 30-day notice period) who said that it's better to seek the supervisor's approval. When I queried whether I would receive the relieving letter after 30 days, she simply brushed off the topic.

Please advise me of my rights to receive the relieving letter!

Also, I've enjoyed a hassle-free 3-year relationship with my current employer, but ever since I've resigned, I'm made to look like an offender!

Hi, if you are serving a notice period as per company rules, no employer can stop you from leaving after that day. But first, understand why your employer wants you to be there until that date. Have they not found a replacement, or is the handover period not long enough? Request if you can come on holiday or after office hours to do a proper handover. Please ensure that you have your resignation documented with a proper date. Also, ensure that you mention your willingness to serve notice up to a specific date as per the company policy. No company can stop you from receiving a relieving letter if you have abided by the rules.

Regards,
Pallavi

You have a good service record and reputation with your present employer, which is important. Don't pursue legal action.

I don't think it would be difficult to change your joining date from the 28th to the 1st of April. It's best to focus on that.

Leave your current company with a relieving order and maintain your status as a problem-free, valued employee.

Regards,

Chennai Ibrahim