Guys, I've recently resigned from my firm and serving notice period. But my partner and director are forcing me to extend the notice period by 3 weeks, which I don't want know.
So just wanted your suggestions on how to manage situations where you're being forced to extend notice and not being released on completion of 90 day notice period?
Also, does resignation gets auto accepted 2-3 days prior to last working day?
Thanks in advance.

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Just go by contract, if it's 90 say will be serving 90 days. Always remember the contract binds you not the partner or manager

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Absolutely

Yes this is happening a lot in big four these days !! 90days is a legal binding between us and the firm. The partners and managers try to exploit employees to get there work done. Take stand dont budge on this, no body can make you work beyond 90days.

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If u can push your joining in the next company, if they are only asking for your help and not forcing you for that, if there is dependency on you then I think so should stay for a few days and help. It's a small world, you never know which person you might get a chance to work with again. Always leave on a positive note.

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It's unfair for them to ask

If your new firm is OK to move your DOJ by 3 weeks. then go ahead and serve your existing firm for 3 more weeks.

There is no harm in helping your existing firm. You need to move out with good note, who knows your path may cross again with same team members in future.

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That doesn't mean op should accept unethical request. This kind of 'chalta hai' mentality is the reason companies have been taking advantage of us till now

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Just so you know, if you just record them forcing or telling you to stay beyond 90 days (if that is in your appointment terms)
They will land in jail under bonded labour prohibition law.
Even serving notice is not legally binding under indian law, you can say i will buy back my notice and go the next day.
Forcing any employee to work against their will is illegal even if there is a contract, only you may need to pay reasonable damages which are usually in much less.
It is usually suggested to serve notice since employer may also face problems if you leave immediately. If its x days serve only X not more.

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Can you share a legal source for this buyout part. It would really benefit the larger group in general to know their rights better

Try to escalate this with senior partner. As per indian labour laws they cannot compel you to alter your notice period.

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EY notice period is only 60 days right

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It is just a pressure tactic. Be persistent, follow up on email with them. Mention that ‘due to unavoidable circumstances beyond my control’, I can not continue extending beyond 90 days. Mark HR in your communication. Closer to the date, they will budge. Not much they can do.

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Notice period starts from the day you resign. The company is legally bound to acknowledge, accept, and give last working day details before the notice period ends. Simply insist

No means No, that’s what you need to tell them. If you have served notice period and don’t want to extend nobody can force you to stay longer unless you have taken leaves etc. during notice period.. And You can be honest about your future plans

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