We would be keen to know what the professional community thinks is the legally compliant way out of a tricky situation that an individual faced at the professional workspace.

A candidate was working on an Information Security project for one of the Government entities. Looking for a job change, he interviewed with a US based company and was selected as the successful candidate. His joining date was first 28th November, 2024,that is one day after completion of his official 60 day notice period, but he was not relieved nor was he clearly told when would his last working day be. While serving the notice, the candidate tried to pull every possible lever with his employer but didn't succeed. He was told - 'this is a Government office and not a private company. That's how it's here.' From 29th November, 2024, he stopped going to the office, but that barely changed anything. 

The US based company extended his joining date first by a couple of weeks to Mid December, 2024 and in fact, offered him to start working as he had already stopped going to his previous employer and furthermore, gave the candidate the flexibility to furnish the relieving letter as and when he received it. The candidate, worried that if he does so, his previous employer would confiscate his PF and he would have a even harder time getting his money out, was wary of joining without formal relieving. He also explored legal options but the consensus was that any action against government organizations would take years to start/conclude, and consume a lot of monetary resources, involve prolonged mental harrassment and hamper his future career prospects. 

So, the candidate decided to decline the US company's offer, sit back at home till he got absolutely clarity on when he can leave his current employer, and then make his next career move. 

The situation raises a critically important question - can employers, Government or non- Government, deny relieving after an employee has served her/his official notice period? Can they hold the F&F payments? Can they play with someone's career at their whims? What's the fast and easy way out? Employers don't wait for months or years to hire a candidate and a career opportunity has to be grabbed as and when it knocks the door.