My mother needs my company due to certain medical reasons.

Due to this, I looked for a job near my hometown, and I got it.

Now, upon resigning and completing the handover in one month, my manager is not willing to relieve me before 3 months.

I have medical reasons for my mother, I shared all the medical documents, still, he is not ready to bend down.

He is giving the reason that if he will do it for me, every other person will say the same.

It's an India Center of a very big US MNC, but still, he is acting as if he is the owner of the company.

He is rather asking me to go without relieving and also telling me that he will ask HR to send the legal notice.

Somebody, help me please!!!!!!!!!!!!!!!!!!

I have already taken the communication proofs of handover completion and resign acceptance.

Somebody, guide me please!!!!!!!!!!!!!!!!!.

Q1 - Is there any way that I can create pressure on the company?

Q2 - What if I have no choice but to go without getting relieved?

Q3 - The next company is ready to accept me without a relieving letter, but what if in the future, a background check happens?

From India
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Dear Rishi,

What is happening in your case is quite unfortunate. Nowadays, companies work with lean manpower. There is no standby manpower. Therefore, they are unable to handle issues of this kind. These issues arise because of cultural differences as well. India is a socio-centric country. In contrast, the US is a highly individualistic country. In the US, they have adequate social measures to take care of ailing persons. In India, we do not have such measures, and family members are supposed to take care of their ailing parents or other family members. Therefore, in India, we get torn between American work culture and Indian social norms.

I recommend you talk to HR. Find out what they say. Is it possible to change your department or section so that you can be relieved early? If this is not possible, then ask HR whether they are ready to give you Leave Without Pay (LWP). Before going on LWP, ensure that your leave application is signed by all the authorities concerned. Otherwise, do not proceed without proper authorization.

Thanks,

DVD

From India, Bangalore
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Thank you, Mr. Dinesh. I appreciate your reply.

My manager is not a US guy, and the India Center has an independent HR department as well. So, no story is coming from the US corner. However, I am just surprised to see that there is no provision for an employee to take care of their family members just because one manager is not getting his ego satisfied.

From India
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chum
18

Hi Friend,

If your case is genuine, then take it up with your top management. Keep your communications for support. Hopefully, this will provide you with some insight! There is a way out! Let me know about this. :)


From India, Mangaluru
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Dear Rishi,

Please review your letter of appointment regarding the length of the notice period. If it is three months and you have served a shorter period, you may offer to pay the notice for the period falling short. However, if it is only one month, you must approach HR with relevant documents regarding your mother's sickness and persuade them to accept your resignation. If HR does not agree, escalate the matter to the CEO/COO and present your case.

If no resolution is reached, according to the law, the resignation must be submitted as per the company's rules. After fulfilling this requirement and receiving confirmation of the handover of responsibilities and acceptance of the resignation, the law will support your decision. You can then transition to your new position after informing the HR department of your prospective organization. Rest assured, there should be no further cause for concern.

S.K. Johri

From India, Delhi
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Thank you all.

Finally, I received the relieving date with one month instead of 3 months. Now the company is asking me to pay the relocation expenses. In the offer letter, they didn't mention that; they just stated that it will be as per the relocation policy. Now, they are saying if you leave within one year, you need to pay that. Are they supposed to and authorized to do this? Please help!

From India
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Dear Rishi,

Compromise is the way of life. To gain something, you have to give up something. As of now, your focus should be on attending to your ailing mother. Your organization is trying to take advantage of your helpless situation. Be as it may, I recommend you adopt an "accommodating" approach rather than a "confrontational" approach while handling this conflict.

While recommending this, I do not mean to say that you should capitulate. Raise your concerns, try to negotiate or bargain for the amount, but do not be rigid either.

All the best!

DVD

From India, Bangalore
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Sure let’s see the discussion on Monday, how it goes....will update you all.
From India
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Dear Rishi,

I agree with DVD. Meanwhile, I would suggest you to go through the terms and conditions relating to resignation with respect to the length of the notice period. This may be of help to you during the course of discussions in the backdrop of the first paragraph of my mail on the subject.

S.K. Johri

From India, Delhi
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