I work for a service based company in India and I am in probation still. Now I have got a very good opportunity to work for a renowned MNC. So I put down my papers, and I am ready to serve my notice period of 2 months.

But my resignation is not being accepted, and when I ask why is it so, my manager who is also the CEO of my company (since it is a small company), states a clause in my offer letter which says that if I am in the middle of a project, I would not be relieved even after 2 months of notice period until I train a replacement to the satisfaction of the client.

Now that there is nobody in my office who could replace me, what action should be taken by me to get relieved properly?

  • 12
    Keeping you in a job against your will should be slavery anywhere in the world. But I don't know about the laws in India. Since you signed a contract saying so, do yourself a favor and 1) get a lawyer ASAP; 2) Never sign a contract with such a stupid clause again.
    – user10483
    Nov 3, 2013 at 16:44
  • 3
    In my country if you are on a probation period you can just stand up and walk out without any notice period. That's the point of probation, no?
    – Adam Arold
    Nov 4, 2013 at 12:01
  • 1
    @Krishna - Check your copy of the contract you signed and verify that clause is indeed in there. If it is seek legal advice, if its not, seek legal advice
    – Donald
    Nov 5, 2013 at 16:35
  • It’s hard to believe such a clause would be legally binding. Even in India. Everyone is always „in the middle of a project”. Jul 8, 2018 at 20:30

1 Answer 1


This is very clearly a case where your contract and the contract law of your country will come into play. You urgently need to seek out the services of a lawyer who specialises in this kind of work and get advice as to how to proceed.

The issue is that your contract may be illegal or perfectly reasonable. Either way you need professional advice on this.

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