Hi all,

I am working for an MNC in Bangalore, and now I have received another offer in Hyderabad. As per the company policy, I have resigned and given one month's notice period. However, my manager is not relieving me as he has been unable to find a replacement for me. He is asking me to stay for an additional month and has mentioned that if I quit, he will mark me as an abscondee from this company.

Currently, my new employer is not extending my joining date, and my current manager is not relieving me. What should I do now? Please help me with this issue.

Regards,
Krishal.

From India
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Hi,

Your resignation is deemed to be accepted only if it is in compliance with the terms and conditions mentioned in your appointment letter and policy. If you have given one month's notice in writing as stated in the letter and if you possess a copy of that duly signed by HR, then they are liable to accept your resignation and relieve you from your duties without violating the company's policy.

The above is my opinion and is not based on any sources.

Thank you,

M. Felix C.

From India, Bangalore
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akm18
51

Hi all,

I am working for an MNC in Bangalore, and now I have received another offer in Hyderabad. According to the company policy, I have resigned and given one month's notice period. However, my manager is not relieving me as he is unable to find a replacement for me. He is asking me to stay for an additional month and has threatened to mark me as an abscondee if I quit.

My new employer is not extending my joining date, and my current manager is not relieving me. What should I do now? Please help me with this issue.

Regards,
Krishal

Hi Krishal,

No one can stop you if you have complied with the provisions of the appointment letter. If one month's notice is required and all dues are clear, then the Manager-HR is bound to relieve you. Please discuss this with the GM-HR or any senior executive.

Finding a replacement is the responsibility of HR and not the individual. Please discuss this with a senior executive, and you should receive a positive response.

Regards,
Arun K Mishra

From India, Bahadurgarh
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Hi Krishal,

You can evaluate the following options:

1. If you have an accepted copy of the resignation, then share that with your new employer. This will be proof that your resignation has been accepted.

2. Send a registered AD letter to your employer quoting the clauses of the appointment letter where you are asked to serve one month's notice. This should be the last resort, i.e., if speaking to your supervisor's supervisor/HR does not work.

3. You can send your current employer an email and cc your new employer, mentioning all this over email.

4. If nothing works and you are not able to get a relieving letter, then you can get an affidavit which will act as proof that you are not employed anywhere else. Alternatively, send a legal notice to this employer of yours.

Regards,
Akanksha

From India, Pune
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Hi Krishal,

You have received useful suggestions from colleagues here. Please send an email and a letter (under acknowledgement), making reference to your initial resignation letter and the clause in your appointment regarding the notice period.

Your initial appointment letter, the letter suggested above, pay slips, and Form 16 are documents that would suffice as proof for your future employer.

Regards,

Ravi B. S.


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Hi Krishal,

As others have told you, please review the conditions stated in the appointment order. If it specifies a notice period of one month, then you are well within your rights to resign from the company after completing that period. Refer to the specific clause in your appointment order. It is considered that you have been relieved of your duties once the notice period mentioned in the order has elapsed.

Regards,
R. Devarajan

From India, Madras
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Hi! Please check what is mentioned in the appointment letter provided to you. If the clause is there to fulfill the stipulated period, then you have to. If there is no clause, then you can fight for it.

Regards,
Jennifer Isaac

From India, Mumbai
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Hi!

Please check your appointment letter and review the notice period. If you have served the notice period as stated in the appointment letter, then no one can stop you. If you have the acceptance of the relieving letter, show it to the new employer. Additionally, follow the legal procedure by sending a copy of the appointment letter highlighting the clause that specifies your notice period.

Regards,
Jennifer Isaac

From India, Mumbai
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