How should I handle my current employer requesting an extended notice period?

Question

I got a job offer from a very good company, but my current company has created some problems related to my my departure. My current company have requested that my notice period be extended for a month, but I have not yet accepted this request.

Wanting to leave on good terms, I have contacted the company that extended a job offer and requested a start date one month later than their stated offer. Their response to this was essentially that they "need confirmation email from your current company HR saying that you will be relieved on the correct date (without extending the notice period) otherwise you will lose the offer".

My current company is taking a long time to respond to this, they are not ready to send an email now, it will take 3-4 weeks. So My doubt here it is, my new company have a right to revoke their offer at any time. How can i convince them to push out my start date?

Because the new offer is very important to me, I don't want the offer to be revoked. How can i handle this situation?

Answer 1

If an extension is what you're effectively talking about, I think that you need to carefully balance the need of leaving on good terms with the risk of putting in danger your new opportunity. If I were in your new employer's shoes I'd personally struggle to understand the point of a prospect employee asking for more time to leave his current company (and why I should be involved in the first place, for that matter).

If you and your company don't seem to be able to come up to a gentleman agreement, it's better to stick to the rules: What notice period are you effectively obliged to? This is the term you should communicate to your new employer and the one you should ask your current employer to comply.

Answer 2

If you are in compliance with the notice period that should have been identified in your contract of employment, or potentially in a supporting document that is referred to in the contract, i.e. a staff handbook, and you have formally tendered your resignation your current employer will be in breach of the terms and conditions of the contract.

I inferred, possibly incorrectly, that you may relying on some form of corporate sponsorship for a visa or similar.

However, a resignation does not have to be "accepted". You are terminating your contract. That is a one-sided action, which likewise can be executed by your employer. If you need your employer's consent, it would be classed as indentured servitude and this is illegal.

In your position, I would contact your new employer and explain the situation in terms of

"Sadly, my current employer is not responding to my requests in relation to the email you require.

Whilst this is unfortunate, I intend to honour the actual contractual obligations to my current employer.

Their contract stipulates a notice period of XXX weeks and as I have tendered my resignation to my current employer as of XXX date, my final working day falls on XXXX, allowing me to commence work for you on the date that we agreed in the offer, this being XX/XX/XXXX.

Please see excerpt below from Staff Handbook/Contract/Other document for confirmation of this clause."