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unreleasable
I'm currently on 2 month notice period and one month in. The senior manager asks to extend the NP for a week or two (no final date mentioned) and relieving date cannot be given until backups are in place.

The reason being some projects are not stable which makes SM uncomfortable and the colleague who will be taking over is going on vacation in aug first week i.e when I complete NP.

To note, the company hasn't accepted my resignation formally still. Since I didn't get an acceptance or last-day confirmation, I gave a date to my next cause they cannot wait until my current decision. The next company cannot push the joining date either.

I would like a clean exit but seems it won't be. Would like to hear from experienced folks here

Tldr: current company not providing a relieving date and asked to extend NP by 2 weeks for reasons I cannot help. Next company is not willing to negotiate and is frustrated. Advice is appreciated.


umakanthan53
6018

The poster has already submitted his resignation with sufficient notice as fixed in the contract of employment and is serving the notice period. When the resignation is in order and to be effective from a future date which includes the notice period, the employer cannot be undecided on the acceptance of the resignation already submitted; nor the reason for his hesitation which revolves around making alternative arrangement would be reasonable.

However, peaceful and formal separation is an essential ingredient in switching jobs. Therefore, the poster has to inform the situation to the prospective employer and ask him not to insist on formal relieving document from the present employer as the poster has no other go excepting getting himself relieved on the close of the notice period.

If the narrative of the poster is all true, the action of the senior manager of the present organization where the poster is in service is quite unprofessional. It is, of course, his responsibility to make suitable alternative arrangements to relieve the prospective resignee on the expiry of the notice period. Else, if he feels that his services are indispensable, he should come forward to offer him the benefits of the new job offered by the prospective employer. Under this circumstances, it is for the employer to take a decision that should serve the interests of both the employee and the organization in a fair manner.

From India, Salem
unreleasable
Dear Mr. Umakanthan.M,

Thank you for the response. I got to know from a credible source in the management the company plans to withhold F&F and relieving letter. Is this legal? Can the company cite reasons to withold? Please advice.


suresh2511
246

Gentleman,

The resignation which you have submitted to your Senior Manager serving 2 months physical notice as per terms of your appointment. Please forward the said mail to your new employer (HR) as proof of your decision to leave your current job.
You can write in the said mail while forwarding to a new employer that you are going to fulfill all the terms and conditions of your employment contract as regards the notice period. In case your current employer is not issuing you relieving letter your new employer should co-operate and accept you without relieving letter.

Hope this may help you.

Regards,

Suresh

From India, Thane
unreleasable
Dear Suresh, Thank you very much for your advice. I will do this.

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