I competed 20 continuous years of service with my present employer and have received all dues. I was reappointed immediately from July 19, 2012. I have found a well-paying job and I have to join the new company on Feb 1, 2013. I submitted my resignation letter on Dec 31, 2012, with a one-month notice plus willingness to pay for the remaining 2 months as per the labor law.

I was recently informed by my present company they cannot let me go before the three-month notice period.

If I do not join the new company on the appointed day I will lose the job. I would also like to inform you I am 61 years old and as per the current company rule I will be retired on reaching the age of 62, which is less than 10 months away.

Your advice will be highly appreciated. I do not find anywhere in the new labour law No. 6 of 2012 Issue 963 dated Feb 21, 2010, where its mentioned that the company has a right to refuse my resignation letter as stated above.

Name withheld
Answer: You are right ... it is not mentioned in the Labor Law that the company can refuse your resignation. In fact what is stated in the Labor Law is that you can resign anytime and if you don’t give a 3-month notice or give less than that you can pay for the remaining part.

But when this law was issued, it caused a lot of problems for some big companies as some people quit without any 3-month notice by paying for the whole or a portion of the notice period.

So the company owners requested the minister to change the law and he issued a decision that a 3-month notice had to be given — unless the company itself waived it — otherwise the transfer of that individual would not be allowed.

Now, if your company insists on a 3-month notice, there is no way out of it.

So, the only way out of this problem is to discuss the situation with your bosses and come out with an amicable solution. But if the company continues to insist on the 3-month notice, you will have to serve the period with the company.