I'm working as a software engineer in a CMMI Level 3 company. My notice period is 30 days. I have received a good offer from another company, but they are unable to match my current offer, and it may take them 2 months to process everything. However, after 20 days have passed, my current company is not accepting my notice period.
Manager's Threats
One of my managers has threatened me with the following points:
1. I need to work here for another 45 days, or else they will issue a relieving letter.
2. If I pursue legal action, they will claim that the project is in a critical position, and I am responsible for its failure.
3. Negative opinions will be provided for any future verifications.
4. Even if I leave without a relieving letter, the company will not acknowledge it, and I may never receive positive remarks from them.
I am willing to work an additional 20 days, but if I continue beyond that, the new company might cancel their offer. I am unsure of what to do next. Is there a better way to obtain my relieving letter? I would appreciate your valuable suggestions.
Please advise.
Regards
From United States, Sunnyvale
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Manager's Threats
One of my managers has threatened me with the following points:
1. I need to work here for another 45 days, or else they will issue a relieving letter.
2. If I pursue legal action, they will claim that the project is in a critical position, and I am responsible for its failure.
3. Negative opinions will be provided for any future verifications.
4. Even if I leave without a relieving letter, the company will not acknowledge it, and I may never receive positive remarks from them.
I am willing to work an additional 20 days, but if I continue beyond that, the new company might cancel their offer. I am unsure of what to do next. Is there a better way to obtain my relieving letter? I would appreciate your valuable suggestions.
Please advise.
Regards
From United States, Sunnyvale
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Legal Implications of Notice Period Disputes
Whatever your manager is saying is highly illegal. If you can have those comments in writing, you can surely put him in trouble.
If your notice period is 30 days, then you are only liable to serve notice of 30 days or pay the equivalent amount in lieu thereof. You are not bound to serve the company for even an extra day irrespective of the requirement of the company (even if it is genuine). Even if they accuse you of project failure, it will simply be invalid in the eyes of the law.
Once you submit your resignation (hope you have proof of such submission) and either serve the notice period or pay the notice pay, the company cannot hold you. Even in such cases, if acceptance of resignation is not given, automatically after the expiry of the notice period, it will be deemed that your resignation has been accepted.
This is from a legal point of view. However, this does not ensure that they will give you a relieving letter even after 45 days of the notice period.
If possible, try to see whether your new employer would agree to accept your letter of appointment and resignation letter in order to understand the period of employment.
Regards
From India, Kolkata
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247Whatever your manager is saying is highly illegal. If you can have those comments in writing, you can surely put him in trouble.
If your notice period is 30 days, then you are only liable to serve notice of 30 days or pay the equivalent amount in lieu thereof. You are not bound to serve the company for even an extra day irrespective of the requirement of the company (even if it is genuine). Even if they accuse you of project failure, it will simply be invalid in the eyes of the law.
Once you submit your resignation (hope you have proof of such submission) and either serve the notice period or pay the notice pay, the company cannot hold you. Even in such cases, if acceptance of resignation is not given, automatically after the expiry of the notice period, it will be deemed that your resignation has been accepted.
This is from a legal point of view. However, this does not ensure that they will give you a relieving letter even after 45 days of the notice period.
If possible, try to see whether your new employer would agree to accept your letter of appointment and resignation letter in order to understand the period of employment.
Regards
From India, Kolkata
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Withdrawl of Resignation and Notice period.doc
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