Ankit 25 December 2023

Extension of notice period

Dear All,

I have resigned from my current organisation on October 22, 2023 and as per the terms of my appointment i was supposed to serve a notice period of 60 days from the date of resignation. I duly received the acknowledgement from the HR along with the last day of work, which was December 22, 2023.

Now, in the acknowledgement email, along with my relieving date, generic statements were used, which is reproduced below:

"Your last working day shall be the EOD of 22nd December, 2023 or such extended date required by the Company for satisfactory completion of handover process, to avoid any unforeseen difficulty with transition of business."

Now, Company failed to find a replacement in the 60 days and my reporting manager denied to take handover of my work. This was informed to the HR and MD of the Company, but no action was taken by them. I ecen tried to assist HR in hiring process by providing Resumes of suitable candidates and connected them with external consultants who can assist Company in the transition, till the Company finally hires somebody.

Now, on my last working day, the MD informed that there are no exceptions for anybody and I can't be relived without completing handover, completely aware of the fact that other people have refused to take handover of my work (which i mentioned over my last email to the Company as well). Further, the Company has not paid me since September, 2023 (2 months' notice + 1 month extra). I have an offer in hand and my joining date in the new organisation is December 26, 2023. How do i resolve this?

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5 Replies

Dr. J C Vashista (Advocate ) 25 December 2023

You have already served notice period, now it is the (internal) arrangement of the company to manage your reliever.

Now, no legal action can be inititated against you qua handing over charge, which you can handover to your manager.

T. Kalaiselvan, Advocate (Advocate) 25 December 2023

Since you have served the requisite notice period and your resignation was already acknowledged by the company recognising the date of last working date as well.

It is not your problem that your company is not able to find a replacement to replace you and the company cannot refuse to take over the responsibilities from you even after the scheduled last working date.

If you have any asets under your possession, you may send it by courier service to the company and demand the payments due to you including the full and final settlement giving the company one week's time to settle the same, failing which you can resort to legal aciton agaisnt the company.

Since you are officially relieved as on the date of expiration of the notice period, you are at your liberty to join the new orgainsation.

If the new employer is demanding the relieving letter, you may show all the correspondences between you and the previous employer and assure that you will procure it shortly and submit.

Dr. J C Vashista (Advocate ) 26 December 2023

Very well explained, opined and advised by learned expert(s).

Now it is your call to proceed as you decide.

P. Venu (Advocate) 26 December 2023

Yes, you cannot be overburdened for the laxity or incompetence on the part of the employer.

You may post the query at citehr.com for more informed response.

Ritesh Maity (Labour Law Advocate) 09 January 2024

You are not required to serve a single day more than what is stated in your letter of appointment. You are not responsible for incomplete work/ project or company's inabality of find your replacement. Simply stop attending duty after expiry of notice period and demand (in writing) your full and final settlement.

However, in that case, the company may create some issues in providing relieving/ experience letter (if you required them at all).