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I appeared for an interview at a company in Jan and I got selected. After receiving the offer letter, I talked to my manager and send a resignation mail to him and HR. The Director called me asked me should they go with production that I am solely responsible for. As I am leaving, so I may not be available for them to support them if they faces any problem in it. I said in that case you should not go with it.

After this meeting, he rejected my resignation and told me that I will have to serve the full 2 months notice period to get the complete experience letter from them. The new company only allowed me to sever one month as a notice period or else they will cancel the offer and they are also not ready to accept me without my experience letter from the current company.

I talked to my manager and told him that I am even ready to purchase my notice period and ready to give any amount as per the company policies but they are not even ready for this.

Now I am in condition where my new company is not allowing me to serve 2 months notice and is not ready to accept me with out experience letter. My current company is also not releasing me before 2 months and if I leave them without serving notice period, they will not give letter to me. What can I do in this situation. I have tried convincing everyone but nothing seems to work. What should be my actions in this condition?

closed as off-topic by IDrinkandIKnowThings, Masked Man, gnat, JasonJ, Chris E Feb 17 '17 at 16:49

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    Before they gave you the offer, was the new company aware that your required notice period was 2 months? Also, what country is this? – David K Feb 16 '17 at 16:39
  • Relieving letters are only common in India, afaik. – kat0r Feb 16 '17 at 16:40
  • @kat0r Most of our relieving letter questions come from India, but there are other countries in that part of the world who use them as well. – David K Feb 16 '17 at 16:41
  • Is the 2 months notice in your contract? Is it local law? – cdkMoose Feb 16 '17 at 16:45
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You say in a comment

Yes the 2 months notice period is in the agreement of my appointment letter. But it is also mentioned that if employee wants to leave early, he/she can leave with full and final settlement.

Bring this up to your manager again. Bring it up to his boss, or the director. If they still say no, threaten to get a lawyer involved. Hopefully threatening will be enough to get them to concede. If they still refuse you will likely need to follow through, otherwise you will be left with no job at all.

In the meantime, be honest with your new company about what's going on. Explain that you contract states you are allowed to serve a shorter notice but that your employer is not honoring the contract. Show them the contract if you need to, and ask if they would reconsider hiring you without a letter. They may be able to hire you in a probationary status until you've worked things out legally with your previous company.

If your company doesn't follow the contract, you are going to need a lawyer, and you had better make sure that you understand your contract correctly. If your old company is in the right and doesn't have to let you leave early, you are pretty much out of luck. And in the future, be careful not to make promises that you can't guarantee you can keep.

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Regardless of your desired results, you need to abide by your contractual and legal obligations. In a comment you mention, "he/she can leave with full and final settlement." Is that fully at your discretion or is that clause applicable only by mutual agreement?

One thing to learn from this process. You may have promised more than you can deliver to the new employer. If you don't have full autonomy on your notice period buy-out, you can't deliver on your commitment to leave in one month. Regardless of how much you want to work for a new company, promising something you can't deliver is sure to backfire.

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