Hi, I'm in a situation, I got an excellent opportunity from MNC. So after getting an offer from them, I resigned from my current company on 2nd Jun, my new company wants me to join them on 24th Jun, so I resigned requesting for early reliving. Then the HR manager told me verbally that inform the new employer that I'll have to serve the full notice period and I did the same. I got extended notice period so that I can serve the full notice here but now still they're not responding to my resignation, I talked with my manager multiple times, who is also the director of the company, but he is not ready to accept it, ignoring me by saying I've more important work, will see this later. You've to complete the project and I'll relieve you based on its progress, kind of harassing me mentally
My official notice period with the company is 30 days, so how should I deal with this situation?
They're threatening me with the clause mentioned in my appointment letter that says "You may not leave the Company in the midst of a project, without proper handing-over of the project. An absence of more than week from work without notice will be treated as an unqualified resignation from work on your part against the spirit and letter of this contract, allowing the Company to initiate any legal proceedings as per terms of this contract."
The project for which they're making me accountable as not dependent on me, my work is just coordinating with the team we hired to finish it. and it's gonna take another 6 months to complete it.
My future employer also wants to get proper relieving from my current company, so I can't have any issues during BGV.
Please guide me, I am on a bridge that is burning from both end.
From India, Faridabad
My official notice period with the company is 30 days, so how should I deal with this situation?
They're threatening me with the clause mentioned in my appointment letter that says "You may not leave the Company in the midst of a project, without proper handing-over of the project. An absence of more than week from work without notice will be treated as an unqualified resignation from work on your part against the spirit and letter of this contract, allowing the Company to initiate any legal proceedings as per terms of this contract."
The project for which they're making me accountable as not dependent on me, my work is just coordinating with the team we hired to finish it. and it's gonna take another 6 months to complete it.
My future employer also wants to get proper relieving from my current company, so I can't have any issues during BGV.
Please guide me, I am on a bridge that is burning from both end.
From India, Faridabad
Dear member,
Not accepting the resignation is common in the small enterprises. This is because they have a fear that they may not be able to arrange a proper replacement and the resignation could disrupt the project.
Nevertheless, your career's progress is important for you. Therefore, you may submit application to the MD of your company. Explain to him that you had a good stay and you expect your exit also to be the same. If required, then be ready for a trade-off by way of foregoing a portion of salary.
While dealing with the MD, be polite, do not lose your cool.
If this attempt does not work, then come back to us. We will see what to do.
Thanks,
Dinesh Divekar
From India, Bangalore
7881Not accepting the resignation is common in the small enterprises. This is because they have a fear that they may not be able to arrange a proper replacement and the resignation could disrupt the project.
Nevertheless, your career's progress is important for you. Therefore, you may submit application to the MD of your company. Explain to him that you had a good stay and you expect your exit also to be the same. If required, then be ready for a trade-off by way of foregoing a portion of salary.
While dealing with the MD, be polite, do not lose your cool.
If this attempt does not work, then come back to us. We will see what to do.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi, thanks for the reply.
I tried talking to him thrice, his response is always same. He is like, we will accept your resignation and will not stop you from going, but on his own terms. But that means for me that new company is not going to wait. :(
From India, Faridabad
I tried talking to him thrice, his response is always same. He is like, we will accept your resignation and will not stop you from going, but on his own terms. But that means for me that new company is not going to wait. :(
From India, Faridabad
Legally can he use that clause against me?, even though i serve yhe complete notice period.
From India, Faridabad
From India, Faridabad
Dear member,
In that case, I recommend you approach the Labour Officer (LO) of your area. Please note that the LO is a mechanism created by the government to redress the grievances. It is different from labour lawyer who works in his personal capacity.
When you approach the office of LO, take the proof of employment and also the printouts of the correspondence you had with the Director. Explain to him that the Director is forcing you to continue beyond notice period. Speak in a local language with the LO.
The above recommendation is based on the assumption that you do not have any subordinate.
Thanks,
Dinesh Divekar
From India, Bangalore
In that case, I recommend you approach the Labour Officer (LO) of your area. Please note that the LO is a mechanism created by the government to redress the grievances. It is different from labour lawyer who works in his personal capacity.
When you approach the office of LO, take the proof of employment and also the printouts of the correspondence you had with the Director. Explain to him that the Director is forcing you to continue beyond notice period. Speak in a local language with the LO.
The above recommendation is based on the assumption that you do not have any subordinate.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi,
My current company is not accepting my resignation, and when asked to accept it. My official notice period is 30 days. They're forcing me to stay beyond my notice period that to by giving a tentative relieving date.
I already asked my future employer to extend my joining date, but I can't give them tentative date.
What to do in this case?
From India, Faridabad
My current company is not accepting my resignation, and when asked to accept it. My official notice period is 30 days. They're forcing me to stay beyond my notice period that to by giving a tentative relieving date.
I already asked my future employer to extend my joining date, but I can't give them tentative date.
What to do in this case?
From India, Faridabad
Please refer to the Separation clause of your Appointment letter. If it says that you need to serve 30 days notice period, you may give 30 days notice period intimation and afterr submitting No Dues Clearance certificate fromj all departments, you may demand your relieving order & Final settlement dues.
If your new Employer is not so particular about relieving order from your current employer, after completion of notice period, you can stop working and join duty in the new company, and seek help of a labour law expert for getting your relieving order and final settlement dues.
From India, Aizawl
If your new Employer is not so particular about relieving order from your current employer, after completion of notice period, you can stop working and join duty in the new company, and seek help of a labour law expert for getting your relieving order and final settlement dues.
From India, Aizawl
Separation clause says that I've to give notice period of 30 days, there is one more clause which says "You may not leave the Company in the midst of a project, without proper handing-over of the project. An absence of more than week from work without notice will be treated as an unqualified resignation from work on your part against the spirit and letter of this contract, allowing the Company to initiate any legal proceedings as per terms of this contract."
Can they use this clause against me, making it can excuse to hold me against my wish because they're not getting proper replacement, project they're talking about, they hired an 3rd party team for it, and I've zero knowledge about completing it.
Please suggest!
From India, Faridabad
Can they use this clause against me, making it can excuse to hold me against my wish because they're not getting proper replacement, project they're talking about, they hired an 3rd party team for it, and I've zero knowledge about completing it.
Please suggest!
From India, Faridabad
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