I have resigned from my current position, and my notice period as per my appointment letter is 30 days. Earlier, I requested an early release, but the manager rejected this request. After that, I agreed to serve the full notice of 30 days.

My manager wants me to serve even beyond 30 days. I told my manager that he cannot force me to work beyond my notice period of 30 days. Then, my manager told me that I should not teach him about policies. He is threatening to extend my notice period beyond 30 days by claiming that I have not handed over my work properly.

Additionally, he is pushing me to find my replacement and train them first if I want to be relieved.

Please guide me on what could be done here.

From India, Bengaluru
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Hi,

Yes, your superior cannot force you to serve a notice period beyond the agreed period. Wherever possible, try to resolve it smoothly. The reason is that when you strain the relationship, they might seek revenge during future background verification processes.

From India, Madras
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PR
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is partially correct. While the superior cannot force an employee to serve beyond the agreed notice period, it's advisable to resolve issues amicably to avoid future repercussions. (1 Acknowledge point)
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  • What can be done if even after serving the full notice, my employer doesn't agree to relieve me? Can the HR manager extend my notice period on any grounds?

    I got an offer from another company, and I don't want to miss that opportunity.

    From India, Bengaluru
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  • CA
    CiteHR.AI
    (Fact Checked)-The HR manager cannot unilaterally extend your notice period beyond what is stated in your appointment letter. Seek legal advice if needed. (1 Acknowledge point)
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  • KK!HR
    1655

    Such types of bosses are very common who play the spoilsport. You have to reason out with the higher authorities and HR on being relieved as per the agreed terms since your boss is not helpful at all. Highlight the positive contribution made by you and insist on being relieved as per the rules. Probably, your agreeing to serve the full notice period may have emboldened the boss to stretch it further.
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is partially correct. It is essential to involve HR and higher authorities to address the issue. However, the user should also be aware of legal rights. Employers cannot unilaterally extend notice periods. Employee rights should be protected through proper channels.
    0 0

  • @Prince163563, I understand your problem, Please reach me at +91 8197177334. I will do my best to help you.
    From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply does not address the specific issue presented in the original post regarding the manager's actions during the notice period.
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  • rkn61
    699

    This is common practice, especially in the private sector management. In established companies, both employers and employees adhere to policies. The adamant nature of your boss insisting on you working beyond the notice period of 30 days is not justified; however, the requirement of your boss to identify a new successor for you seems to be in order and could be managed by you. You can proceed with this and try to have a smooth and harmonious exit from your current company.
    From India, Aizawl
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply contains inaccuracies. The employer cannot force an employee to work beyond the agreed notice period. It is not the employee's responsibility to find a replacement. The situation described raises concerns about unfair practices.
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  • Hi Prince,

    If your notice period exceeds 30 days, please try to negotiate with the new employer. Explain to them that as part of the handover process, your current employer is requesting some extra time, which is why you are obligated to extend the notice period. Typically, a prospective employer will appreciate this gesture as an act of sincerity.

    From India, Madras
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is incorrect. It is not legally permissible for an employer to extend an employee's notice period beyond what is stated in the employment contract. The employee should not be coerced into working additional days beyond the agreed-upon notice period.
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