Dear Friends,
I work with a reputed company in New Delhi as their Business Development Manager/Business Strategist. With prior discussion with my Director, I had resigned a month back, and my notice period ends in another 3 days. But unfortunately, my company hasn't been able to hire somebody in the same position yet. So I am confused as to how and whom to give the handover of all the confidential business-related data, which has crucial projects' information and other financial matters. Please suggest!
Does this give the company an upper hand to extend my notice period (which I cannot as I am traveling for leisure)? Eventually, whose fault is it? Can I be held accountable for anything at a later stage? Will this give the company a way to blackmail me and revoke my last month's salary or experience letter?
From India, New Delhi
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I work with a reputed company in New Delhi as their Business Development Manager/Business Strategist. With prior discussion with my Director, I had resigned a month back, and my notice period ends in another 3 days. But unfortunately, my company hasn't been able to hire somebody in the same position yet. So I am confused as to how and whom to give the handover of all the confidential business-related data, which has crucial projects' information and other financial matters. Please suggest!
Does this give the company an upper hand to extend my notice period (which I cannot as I am traveling for leisure)? Eventually, whose fault is it? Can I be held accountable for anything at a later stage? Will this give the company a way to blackmail me and revoke my last month's salary or experience letter?
From India, New Delhi
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Dear Abhishek,
Your fears are a bit misplaced. The notice period, of whatever duration it is, acts as a buffer period. The very purpose of the notice period is that it helps the organization in arranging the replacement of the outgoing employee. The notice period ensures the continuity of work. Therefore, the onus of the inability to arrange the replacement purely lies with the organization and not with you.
I recommend you pressure HR through gentle reminders that the next organization is waiting for you. You may tell HR that they wanted to take you on board early; nevertheless, as a dutiful employee, you were obliged to fulfill the condition of the notice period.
Nevertheless, the situation has thrown sufficient hints. Therefore, approach the new organization and inform them that there could be an extension of the notice period. Since you have served them for ____ years, you would not like to create bad blood between you and your organization at the time of exit. However, never disclose to your current organization about these overtures.
At times, an organization is unable to arrange a replacement. It could be because of the levity of HR or any other authority, or because of real reasons. Therefore, you need to strike a balance between the needs of the current and your future organization.
All the best!
Dinesh Divekar
From India, Bangalore
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8218Your fears are a bit misplaced. The notice period, of whatever duration it is, acts as a buffer period. The very purpose of the notice period is that it helps the organization in arranging the replacement of the outgoing employee. The notice period ensures the continuity of work. Therefore, the onus of the inability to arrange the replacement purely lies with the organization and not with you.
I recommend you pressure HR through gentle reminders that the next organization is waiting for you. You may tell HR that they wanted to take you on board early; nevertheless, as a dutiful employee, you were obliged to fulfill the condition of the notice period.
Nevertheless, the situation has thrown sufficient hints. Therefore, approach the new organization and inform them that there could be an extension of the notice period. Since you have served them for ____ years, you would not like to create bad blood between you and your organization at the time of exit. However, never disclose to your current organization about these overtures.
At times, an organization is unable to arrange a replacement. It could be because of the levity of HR or any other authority, or because of real reasons. Therefore, you need to strike a balance between the needs of the current and your future organization.
All the best!
Dinesh Divekar
From India, Bangalore
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Dear Abhishek,
I completely agree with Mr. Dinesh that it is the responsibility of the employer to arrange a substitute in place of you. It is the incapability of the employer. Furthermore, if you have served the proper notice period, they cannot withhold your experience certificate and salary.
Regards,
Kamini Ghai
From India, Mumbai
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I completely agree with Mr. Dinesh that it is the responsibility of the employer to arrange a substitute in place of you. It is the incapability of the employer. Furthermore, if you have served the proper notice period, they cannot withhold your experience certificate and salary.
Regards,
Kamini Ghai
From India, Mumbai
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Hello Abhishek,
While Dinesh Divekar has given you the generic picture of any company vis-a-vis the replacement angle, please also keep in mind the practicalities of getting a suitable replacement at your level (which is not a junior level).
The normal notice periods nowadays are anywhere between 1-3 months, so the replacement cannot join within 1 month unless the replacement person is already in the notice period and can join earlier.
We handle these situations day in and day out.
With regard to Dinesh's remarks on the inability to arrange the replacement purely lying with the organization and not with you, I don't think one can blame or hold anyone responsible in such a situation since this is essentially a systemic issue.
Having said that, frankly, I am surprised how your Director could have agreed to 1 month relieving. He ought to know that it takes time for the Interview/Selection process and adding the Joinee's Notice Period further delays the Joinee's actual joining.
You mentioned that you are "traveling for leisure" after getting relieved. I suggest you reconsider the timelines. Maybe it would be better if you could postpone the trip.
Generally, in such situations, the handover and knowledge transfer are done to the next higher person, meaning to whom you report. He/she can't refuse it. I suggest speaking to your Director and telling him that you would hand over to him all the confidential documents and submit all status in writing as a formal report. Keep a copy with you.
You can also inform him that you would be available on the phone for a specific period of time during which you can clarify any grey areas. Don't give a blank timeline, or you will have another headache later.
But ensure you collect your documents, including relieving and experience letters when you leave. Else, there may be a scope for your "blackmail" fear. Find a reason why you need them now; you could be asked to collect them later.
At your level, as Dinesh mentioned, it's always desirable not to create bad blood between you and your organization at the time of exit to the extent possible.
All the best.
Regards,
TS
From India, Hyderabad
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While Dinesh Divekar has given you the generic picture of any company vis-a-vis the replacement angle, please also keep in mind the practicalities of getting a suitable replacement at your level (which is not a junior level).
The normal notice periods nowadays are anywhere between 1-3 months, so the replacement cannot join within 1 month unless the replacement person is already in the notice period and can join earlier.
We handle these situations day in and day out.
With regard to Dinesh's remarks on the inability to arrange the replacement purely lying with the organization and not with you, I don't think one can blame or hold anyone responsible in such a situation since this is essentially a systemic issue.
Having said that, frankly, I am surprised how your Director could have agreed to 1 month relieving. He ought to know that it takes time for the Interview/Selection process and adding the Joinee's Notice Period further delays the Joinee's actual joining.
You mentioned that you are "traveling for leisure" after getting relieved. I suggest you reconsider the timelines. Maybe it would be better if you could postpone the trip.
Generally, in such situations, the handover and knowledge transfer are done to the next higher person, meaning to whom you report. He/she can't refuse it. I suggest speaking to your Director and telling him that you would hand over to him all the confidential documents and submit all status in writing as a formal report. Keep a copy with you.
You can also inform him that you would be available on the phone for a specific period of time during which you can clarify any grey areas. Don't give a blank timeline, or you will have another headache later.
But ensure you collect your documents, including relieving and experience letters when you leave. Else, there may be a scope for your "blackmail" fear. Find a reason why you need them now; you could be asked to collect them later.
At your level, as Dinesh mentioned, it's always desirable not to create bad blood between you and your organization at the time of exit to the extent possible.
All the best.
Regards,
TS
From India, Hyderabad
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I can understand why you are worried.
From the legal standpoint, it's the responsibility of the management to get the replacement within time. Legally, it's not your problem that they don't have anyone to replace you.
However, reality is different. While they can't officially force you to extend the notice period, they can hold back your salary and relieving letter. It would not be legal, but they know you don't have a quick remedy against them. Blackmailing and arm-twisting are quite common.
You should do the following:
1. Ensure you have an acknowledged copy of the resignation letter.
2. Proof that your notice period is 1 month.
3. Attendance records copy showing you attended the office all days in the notice period.
4. Send an email to the reporting HR & manager/director reminding of the last day and asking for handover directions.
5. Prepare a handover report, giving all details of what is pending, including financial matters you talked of. Ensure you keep a personal copy.
6. Inform the new company that your existing one has not completed recruitment and that they may request you to come over later for a day to explain things and hand over.
You can't do anything more actually.
But I would say, don't fall in for the request to extend or cancel your holiday.
From India, Mumbai
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From the legal standpoint, it's the responsibility of the management to get the replacement within time. Legally, it's not your problem that they don't have anyone to replace you.
However, reality is different. While they can't officially force you to extend the notice period, they can hold back your salary and relieving letter. It would not be legal, but they know you don't have a quick remedy against them. Blackmailing and arm-twisting are quite common.
You should do the following:
1. Ensure you have an acknowledged copy of the resignation letter.
2. Proof that your notice period is 1 month.
3. Attendance records copy showing you attended the office all days in the notice period.
4. Send an email to the reporting HR & manager/director reminding of the last day and asking for handover directions.
5. Prepare a handover report, giving all details of what is pending, including financial matters you talked of. Ensure you keep a personal copy.
6. Inform the new company that your existing one has not completed recruitment and that they may request you to come over later for a day to explain things and hand over.
You can't do anything more actually.
But I would say, don't fall in for the request to extend or cancel your holiday.
From India, Mumbai
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Dear Mr. Abhishek,
Three learned members, Dinesh, Saswata, and Tejsateesh, have given you absolutely practical advice. Actually, there is nothing more to add since the advice is simple and covers what any professional person should do in the circumstances described in your post.
"Does this give the company an upper hand to extend my notice period (which I cannot as I am traveling for leisure)?"
Legally, no, but departure should be under circumstances of controversy. Never destroy your bridges.
Who knows, a few years down the line, you may come back to the same firm at a higher level.
Holidays can be rescheduled if necessary.
Preparing a self-contained brief on your work status, financial status of any official fund being handled, etc., should be made ready and be a part of your handing-over procedure under due acknowledgment of the official taking over.
Here, flexibility will be the key to finding your way out in as friendly a manner as possible.
All the best.
Do let forum members know how the whole thing worked out.
From India, Pune
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Three learned members, Dinesh, Saswata, and Tejsateesh, have given you absolutely practical advice. Actually, there is nothing more to add since the advice is simple and covers what any professional person should do in the circumstances described in your post.
"Does this give the company an upper hand to extend my notice period (which I cannot as I am traveling for leisure)?"
Legally, no, but departure should be under circumstances of controversy. Never destroy your bridges.
Who knows, a few years down the line, you may come back to the same firm at a higher level.
Holidays can be rescheduled if necessary.
Preparing a self-contained brief on your work status, financial status of any official fund being handled, etc., should be made ready and be a part of your handing-over procedure under due acknowledgment of the official taking over.
Here, flexibility will be the key to finding your way out in as friendly a manner as possible.
All the best.
Do let forum members know how the whole thing worked out.
From India, Pune
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