mrugesh Started The Discussion:
I am a software professional working with a reputed company.
The problem is that my current employer is not accepting my resignation letter.
They are forcing me to travel abroad stating that since client interview took place and there isnt any replacement in the organization they refuse to accept the resignation.
I informed them without wasting much tme to search for replacement but they are unable to find one.
I have resigned and waiting for the 1 month notice period to complete without submittig any docs for visa processing.
But managers are threating me that resignation wont be acceptated and travel a.s.a.p.
My appointent letter clearly states that employee can wish to terminate his employment by giving one month notice period which I have done.
I would like to know that if it is possible for the employer to hold back employee by not accepting the resignation letter even if according to the appointment letter employee can resign and serve 1 month notice period.
Can employer state that company will suffer financial losses and hece cannot accept resignation.
I am not under contract or legal bond with the company.
What should I do?
No employer can tell an employee to wait once the notice period is served by the employee unless the employer feels that he/she needs to stay back for few more days if the employer request her to stay.
You have served the notice period but the Company is not excepting your resgination letter. In this case the company will not issue an relieving letter from their side.. If you thing you don't want a relieving letter then you can leave the company & tell your next organization that you are joining about the scenario...
Based on your statement, the company cannot hold an employee after submission of resignation on completion of one month. But I need a clarification, that you have been interviewed by the client for the said overseas project. If you would have attended the interview, then you may not be able to refuse, provided that if you would have rejected the offer forefront to the clients. But if you are not attended then you have freedom to leave the job on completion of one month.
Another thing you have to keep in mind that, the company may not give you the reliving order unless your clearance done from the company.
In my personal opinion if you would have taken that overseas assignment, you would have been explored to a new learning.
However, it is your will & wish to take up assignment.
My suggestion is, if the assignment is for short period you can take it up.
Thank you for your reply.
I need relieving letter or atleast resignation acceptance letter.
I feel it is my right to receive it.
Also I do not want to take a risk in future wherein I am not able to produce proof of 2 years of employment with current employer.
To join my new employer, they have asked for atleast 1 of the 2.
Also since I am starting fresh with this new oraganization, I dont know how will they react to my situation of not having acceptnce letter or relieving letter inspite of submitting resignation letter and serving notice period.
wht should I do now?
The reasons for which I do not want to pursue further employer makes me sign contracts and bonds for any overseas trip, personal constraints low quality of work and low wages.
I have made up my mind and resigned accordingly withinfew days of the interviiew without wasting much time. Current Employer is not having replacement and thts the reason they are forcing me to fly other wise it may lead to loss of project. The assignment start date is still couple of weeks ahead.
But I am following the rulebook and appontment letter I received whcih states that I can terminate my employment by giving them 1 months notice.
Relieving letter is important to me for my future and have to submit it to my new employer.
The relatins with the current employer are so strained that I cant even think of withdrawing back..
In this situation what I could suggest is probably you can refer any other candidate who are having similar experience of yours or a person who are required by the client, to get relieved by the company. Probably you can contact any good consultants also for this.
Is there any other solution to this situation.
Can an employer hold back an employee for reasons of no replacement and project loss. I have followed the handbok and appointment letter, submited the resignation letter and serving my notice period.
I have told them that I will provide full assistance and training required from my end during the notice period.
Should the employee go all the way to search out for a replacement in order to ge relieved from the company? I feel there is HR reruiting dept in the organization to work on this task ful time. Is it sufficient enough to follow the handbook and appointment letter conditions for termination of employment.
No company can force any employee unless an untill there is any agreement in writing( offer letter , company code etc)
Once you serve the notice period you are free to leave the company.
Even if you not serve the leave period you have to pay the Amount equivalent to Notice period salary as per law.
NOTICE PERIOD STARTS ONLY WHEN YOUR RESIGNATION HAS BEEN ACCEPTED TO BE RECEIVED.
In your case your employer is DIFFERENT so
Instead Talk to the HR in the New company you are joining tell them the exact situation decide the coarse of action then
I Faced the same situation few days back
I talked to the HR head of the new company and he agreed that you join without the document submit the reliving later.
I Resigned but my boss in the last company didn't accepted the resignation, I left a fax, Mail, Even sent it thorough registered post had the copy of proof for thr same.
And from that day your notice period starts even they accept it or not, or you can pay in lieu of your notice period a sum equivalent to salary of notice period.
You can even threaten them that you are going to file a case if Reliving letter and Full and final settlement is not done, they can do any thing.
You should not stick withthis bull s**** company,Coz what hey are upto today may continue later after few months year etc etc.
But you should have the new Company you join supporting you..
Do reply back
Now I have few things which I can do.
Convincing the new employer wll be a daunting task, global MNC with very strict polices. But I guess I have no option.
If new employer agrees on it then I have strong reasons to fight to out with current employer. Currently I am on back foot :(
But did you eventually receive your relieving letter if not are you hopeful for receiving the same.
Dear friend, Law is on your side. If your organisation is turning its back to law and being adamant, there are other ways of solving your problem. You can file a petition to the nearest ALC( Assistant labour Commissioner) or in a labour court to get a favourable order. Get in touch with a good legal counsel and start acting a little street-smart for your organisation!
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