How do I get early relieving from my current employer who are taking too long?

Question

I have been work for an Indian organisation as a developer for more than 5 years. Let's call it XYZ. XYZ has a client called ABC. On the payroll of XYZ, I have been working for ABC. I didn't find myself growing here so I decided to find new employment. I got a call from an organisation based in UK (let's call it MNO). Gave the interviews and was hired.

I gave my resignation to XYZ last week, telling them that my last working day is 10th May, 2024. To MNO, I have let them know I am joining by 20th May, 2024. MNO accepted the date, gave me an offer letter, which I have signed.

XYZ also accepted my resignation but they didn't accept my last working date. They are saying they need to talk with ABC, the client, in order to work on when they can relieve me and it also depends on how quickly they can hire someone new to train them on the work I have been doing. They are also taking too long to initiate a conversation with ABC despite me reminding them almost everyday.

What are the options I have at hand? How do get myself relieved earlier? Are there any solutions I can suggest to my current employer?

EDIT: My notice period is 90 days according to the policies. But I have requested an early release. There is an option to buy out the amount of notice not served but the company reserves the right to accept the buy out option or not.

Answer 1

I'm highlighting some points that stood out to me:

1. At the time of resignation (around 1st April 2024), OP was fully aware of the 90-day notice period. Therefore, if they have to serve their full notice period, they will be relieved by 30th June 2024.
2. Knowing the above, OP accepted the offer with their potential new employer, and informed them that they would join on 20th May 2024, effectively serving only half of their notice period. (Not sure whether MNO knows this, or the amounts involved for buyback. If not, they will soon come to know when they ask for confirmation of the buyout amount from XYZ). If nothing changes, then as on 20th May 2024, the contract between OP and XYZ has not been discharged, and therefore OP is liable to be sued for contract violation.
3. The company XYZ reserves the right to let OP buy out the remainder of the notice period. Hence, this cannot be enforced.

Options, in order of preference:

1. What's done is done. Apologize and mend your relationship with XYZ at the earliest and convince them for an early release. Promise and complete the necessary business formalities such as knowledge transfer and even interviewing and training your replacement, and ensure a smooth transition for ABC
2. Apologize and inform MNO that due to ongoing commitments at XYZ for a specific client, your joining will be delayed by 45 days (or find out the earliest date that XYZ will relieve you and mention that). At this stage of the process, MNO likes you, and would understand, especially considering it's an international hire.
3. Decline MNO (since they would otherwise start their visa paperwork), but feel confident of your abilities to get a job in this cold market, and utilize the MNO offer as a bargaining chip to get a different offer.
4. Abscond, but God-forbid, if you ever want to be hired in India again due to some unforeseen circumstance, and they ask for letters of past experience, then you'll be in soup because you definitely won't get one from ABC if you've left them like this.

Good luck!

Answer 2

I have no experience in the indian law system and are answering your question based on international law practise and experience.

(Usually) If your work contract states a 90 days notice period and you have accepted that agreement with your signature, a 90 days period applies.

If your employer will let you go earlier, this is fine. If not, the employer however can demand you to work that period.

However you can stop to work for your old employer without their consent and start to work at a new position. Forcing them either to end your contract because of misconduct or to bring you to court for not fulfilling your contract. However in practise this is rarely brought to court and employers accept employees leaving.

Talk with your old employer and make clear that you will stop to work for them and if they do not accept that, they will have more trouble dealing with situation than accepting the situation.

I know this is a controversial answer as most people would conclude to work the 90 days notice period. However practise of law is not always what is written on papers.