I have been working with this organization for over 3 years.
In July 2014, they sent me to the UK for a project. There were no timelines of the return dates that were signed or agreed upon. However, a faint understanding was that I would be here for 3 to 5 months, and another person would replace me. Now, while I am still here in the UK, I have received an offer from a dream company in India and want to join them. I have resigned and am completing the notice period of 45 days, which I plan to serve until November 23, 2014 (45 Days). Based on the 45 days notice period, I have informed my new employer that I will report to work the day after the end of my notice period. Thirteen days have passed since I resigned, and I have sent enough emails requesting them to arrange for me to come back to India, plan the knowledge transfer, etc., but they have not accepted my resignation and are now telling me not to consider 45 days as my notice period as I am onsite and there are visa dependencies to send someone to replace me in the UK. I have checked my offer letter, and below is what is mentioned:
"if and after you are confirmed in service, your employment will be terminable by either side by giving to the other one and a half (1.5) Full calendar months written notice. The said letter, to be valid and acceptable by the company, has to be acknowledged by both your manager and the HR"
There is no mention of any change in the notice period mentioned if someone is on-site.
I cannot afford to skip the joining date of the new employer, but my current employer is not cooperating even though I am cooperating to complete the notice period. I am really tensed about this situation. Please let me know how I should proceed for a smooth transition to my dream company. I am ready to take any kind of legal action on them if required as I do not want to lose this opportunity at any cost. Looking forward to your revert!
From United Kingdom, London
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1In July 2014, they sent me to the UK for a project. There were no timelines of the return dates that were signed or agreed upon. However, a faint understanding was that I would be here for 3 to 5 months, and another person would replace me. Now, while I am still here in the UK, I have received an offer from a dream company in India and want to join them. I have resigned and am completing the notice period of 45 days, which I plan to serve until November 23, 2014 (45 Days). Based on the 45 days notice period, I have informed my new employer that I will report to work the day after the end of my notice period. Thirteen days have passed since I resigned, and I have sent enough emails requesting them to arrange for me to come back to India, plan the knowledge transfer, etc., but they have not accepted my resignation and are now telling me not to consider 45 days as my notice period as I am onsite and there are visa dependencies to send someone to replace me in the UK. I have checked my offer letter, and below is what is mentioned:
"if and after you are confirmed in service, your employment will be terminable by either side by giving to the other one and a half (1.5) Full calendar months written notice. The said letter, to be valid and acceptable by the company, has to be acknowledged by both your manager and the HR"
There is no mention of any change in the notice period mentioned if someone is on-site.
I cannot afford to skip the joining date of the new employer, but my current employer is not cooperating even though I am cooperating to complete the notice period. I am really tensed about this situation. Please let me know how I should proceed for a smooth transition to my dream company. I am ready to take any kind of legal action on them if required as I do not want to lose this opportunity at any cost. Looking forward to your revert!
From United Kingdom, London
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Dear Sujay,
Please discuss the issue with your line manager and HR. Explain your position and request a smooth transition. Additionally, you can address this issue with your new employer. If necessary, provide them with written documentation regarding the challenges you are facing in obtaining your relieving letter from your current organization. If they are willing to proceed without the letter, you can proceed without worrying about other formalities.
I hope you have already sent a resignation letter to your current employer. Make sure to keep a record of sending it both via post and email. Similarly, retain any replies received in your personal email inbox and keep hard copies of all correspondence between you and your current as well as new employer.
Thank you.
From India, Kumbakonam
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Please discuss the issue with your line manager and HR. Explain your position and request a smooth transition. Additionally, you can address this issue with your new employer. If necessary, provide them with written documentation regarding the challenges you are facing in obtaining your relieving letter from your current organization. If they are willing to proceed without the letter, you can proceed without worrying about other formalities.
I hope you have already sent a resignation letter to your current employer. Make sure to keep a record of sending it both via post and email. Similarly, retain any replies received in your personal email inbox and keep hard copies of all correspondence between you and your current as well as new employer.
Thank you.
From India, Kumbakonam
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Dear Bhaskar,
Thank you for your inputs.
I am confident that the new employer will not change the joining date since the person I am replacing at my new employer is leaving a week before my joining. Therefore, they expect at least a week's knowledge transfer.
I have spoken to my line manager and his boss. All I hear is that they are trying to find a resource and are checking the contract with the customer in the UK. They mentioned that I will need to stay on-site until a replacement is sent to the UK. Despite 13 days passing, they have not accepted my resignation.
It has been 13 days, and I see no effort being made to find a resource to replace me. They seem to be taking their time and may try to make me extend my stay.
I cannot extend my stay beyond my notice period as my flight tickets and accommodations have already been arranged. Moreover, the new employer might cancel my offer if I am not present for the week's knowledge transfer. This opportunity is crucial for me as I am leaving the UK to join this organization in India.
Am I entitled to stay and extend my notice period due to my current employer's inefficiency in finding a replacement? Please advise on what steps I should take as I am feeling very anxious about this situation.
Thank you.
From United Kingdom, London
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Thank you for your inputs.
I am confident that the new employer will not change the joining date since the person I am replacing at my new employer is leaving a week before my joining. Therefore, they expect at least a week's knowledge transfer.
I have spoken to my line manager and his boss. All I hear is that they are trying to find a resource and are checking the contract with the customer in the UK. They mentioned that I will need to stay on-site until a replacement is sent to the UK. Despite 13 days passing, they have not accepted my resignation.
It has been 13 days, and I see no effort being made to find a resource to replace me. They seem to be taking their time and may try to make me extend my stay.
I cannot extend my stay beyond my notice period as my flight tickets and accommodations have already been arranged. Moreover, the new employer might cancel my offer if I am not present for the week's knowledge transfer. This opportunity is crucial for me as I am leaving the UK to join this organization in India.
Am I entitled to stay and extend my notice period due to my current employer's inefficiency in finding a replacement? Please advise on what steps I should take as I am feeling very anxious about this situation.
Thank you.
From United Kingdom, London
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There are 2 sides to this problem:
First, the notice period is always as stated in your appointment letter or standing orders. If the notice period is to be modified, it must be communicated in writing and accepted by the employee. So, in your case, 1.5 months stays. The employer cannot force you to extend your employment on their own.
Further, the acceptance of resignation is an internal process that has no legal bearing, except to strengthen the proof that your resignation has been properly communicated. Once it is communicated, the resignation is effective. At best, non-acceptance gives the employee a chance to withdraw it. The notice period starts from the day the resignation was communicated and not when it is accepted.
The second side is what your new employer is willing to accept. If they are a dream employer, they will have a standard HR practice and a proficient set of HR managers who will insist on getting a relieving letter. As suggested by Bhaskar, speak to them. Not for an extension, but for joining without getting a relieving letter since the current employer is not following his own terms.
Hopefully, you should be able to get a waiver based on the fact that you resigned and completed your notice period as per rules.
You should get a relieving letter from your onsite manager. It may not be an actual relieving letter, but one that states you have done xyz part of the work, handed over all keys, codes, and controls. And hopefully a word that they were happy with what you did.
The rest would depend on what reply you get from your new employer.
There is little you can do on the legal front that would be effective. Remember that your new employer will not like to take a litigious troublemaker on rolls, irrespective of how justified the action is. In any case, such action would just take time off from your job and focus on your career.
From India, Mumbai
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First, the notice period is always as stated in your appointment letter or standing orders. If the notice period is to be modified, it must be communicated in writing and accepted by the employee. So, in your case, 1.5 months stays. The employer cannot force you to extend your employment on their own.
Further, the acceptance of resignation is an internal process that has no legal bearing, except to strengthen the proof that your resignation has been properly communicated. Once it is communicated, the resignation is effective. At best, non-acceptance gives the employee a chance to withdraw it. The notice period starts from the day the resignation was communicated and not when it is accepted.
The second side is what your new employer is willing to accept. If they are a dream employer, they will have a standard HR practice and a proficient set of HR managers who will insist on getting a relieving letter. As suggested by Bhaskar, speak to them. Not for an extension, but for joining without getting a relieving letter since the current employer is not following his own terms.
Hopefully, you should be able to get a waiver based on the fact that you resigned and completed your notice period as per rules.
You should get a relieving letter from your onsite manager. It may not be an actual relieving letter, but one that states you have done xyz part of the work, handed over all keys, codes, and controls. And hopefully a word that they were happy with what you did.
The rest would depend on what reply you get from your new employer.
There is little you can do on the legal front that would be effective. Remember that your new employer will not like to take a litigious troublemaker on rolls, irrespective of how justified the action is. In any case, such action would just take time off from your job and focus on your career.
From India, Mumbai
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Notice Period Extension Letter Format.doc