Hi Friends,
I'm working as software engineer in cmmi3 level company. my notice period is 30days. i got good offer from one good company. They cant match my offer and may be they will sent out after 2 months. Now after 20 days passed company is not accepting my notice period.
One of my manager threat with the following points
1. Need to work here another 45 days more else they will issue relieving letter
2. If you go by legal ways then we will claim you that project is critical position and I'm also the reason for project failure.
3. Bad opinions will be given if any future verification.
4. Without relieving letter you may relieve but company will not care about this. life time you cant get good remarks from this company
Even I'm ready to work another 20 days if i continues more than 20 days new company will cancel my offer.
Now What can I do?. Any better way to get my relieving letter.
Please give me your valuable suggestions

From United States, Sunnyvale
Whatever your manager is saying is highly illegal, and if you can have those comments in writing, you can surely put him in trouble.

If your notice period is 30 days, then you are only liable to serve notice of 30 days or pay the equivalent amount in lieu thereof. You are not bound to serve the company for even an extra day irrespective of the requirement of the company (even if it is genuine). Even if they accuse you for project failure, it will simply be invalid in the eye of law.

Once you submit your resignation (hope you have proof of such submission) and either serve the notice period or pay the notice pay, the company cannot hold you. Even in such cases if acceptance of resignation is not given, automatically after expiry of notice period, it will be deemed that your resignation has been accepted.

This is from a legal point of view. However, this does not ensure that they will give you relieving letter even after 45 days of notice period.

If possible try to see whether your new employer would agree to accept your letter of appointment and resignation letter in order to understand the period of employment.

From India, Kolkata
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