mrugesh Started The Discussion:
Hello,
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?

Regards
Mrugesh
Posted 15th December 2006 From India, Hyderabad
Hi,

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...

Regards,

Derek
Posted 15th December 2006 From India, Nagpur
sumi71 
Dear Mrugesh,

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.

Best Wishes


Umesh.S.

Posted 15th December 2006 From India, Bangalore
Hi Derek,

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?

regards
Mrugesh
Posted 15th December 2006 From India, Hyderabad
Hi Umesh,

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..

Kindly suggest

Mrugesh
Posted 15th December 2006 From India, Hyderabad
sumi71 
Dear Mrugesh,

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.

Regards,

Umesh.

Posted 15th December 2006 From India, Bangalore
Hello Umesh,

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.

kindly suggest
mrugesh
Posted 15th December 2006 From India, Hyderabad
Dear Mrugesh,

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


Regards,

Abhishek Arun
Posted 15th December 2006 From India, Chicalim
Thanks Abhishek,

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.

Do reply

mrugesh
Posted 15th December 2006 From India, Hyderabad
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!

cheers
Rajeev.V
Posted 15th December 2006 From India
sumi71 
Dear Mrugesh,

This is the one solution which I have given is for amicable solution between your current employer. So that u can get relived properly with your reliving letter. Think about in future the present company may go for reference check, that time the current company from which you are leaving may give bad feedback about you. This may affect your future career.

Anyhow you decide upon your future. Don't get confused with all the suggestion given to you. Considering all the suggestion given to you, select the best one and act accordingly.

Regards,

Umesh.S.

Posted 15th December 2006 From India, Bangalore
Hi Umesh,

I agree the seperation should be graceful. But if I am not able to find a resource to replace me then where will I land.
I am workng as a developer and as per my roles, resposiblities and capacity I have generated a lot of business for this current employer.
But as I want to move on they are holding me on ransom of not accepting my resignation letter.

I know as I follow up with company HR they wil not reply to my mails, calls and requests as the company head has refused to accept y resignation.

What should I do in such a case?

Handling business, retaining and finding resource are not in my capacity nor my sal slip indicates the same.

I am not wrong when I am followig the rule book and clauses in the appointment letter and serving 1 month notice period after resigning.

What shoudl I do then

regards
Mrugesh.
Posted 15th December 2006 From India, Hyderabad
akm18 
hi
please provide me the following :-
1. date of joining.
2. date of resignation.
3. whether through hard copy or email or some other mode.
4. who all, i mean apart from manager - hr or head hr discussed with u.
5. do u hold a copy of standing order or code of conduct of a company.
6. what exact wording is there - notice period.
7. when did u interview for overseas job of erstwhile company.
8. can u provide us a copy of resignation letter.

i assure u from my side that i will provide u the posible solution within a day or two.

if posible please discuss with me.

arun k mishra

9313048791
Posted 16th December 2006 From India, Bahadurgarh
Hi Mrugesh

I think you should speak to your new employer that you are not get relieved due to this reoson even though you have completed all the terms & conditions of separation as per your appointment letter. I am sure they would understand your genuinity.

Just let me know how you have resined..I mean through an e-mail or a hard copy resignation. If you have resined thru an e-mail take the print of that e-mail & keep with you. also on your last working day send an e-mail to your manager and to other seniors thanking them for their support they gave u thru out your tenure. kep a print of that also. T

Then again go to your manager & ask for an acceptence to that. If gives it good enough otherwise you take the printouts & give them to your new employer which in a sense would declare that you have resigned the last company & served the notice period too.

You need make them understand that it is their fault that they did not make any successor to you & when you have completed all the T&C then they cannot stop you for any reasons. I know it sounds a little harsh & may create rifts b/w u & the manger but at times you have to do things 4 your own benefits.


And the last step is the legal battle for your right but that should come at the extreme of it.

Hope my suggetion works for you

Thnx
Mohit
Posted 16th December 2006 From India, Delhi
Dear,
I think if you really feel that after your resignation organisation will not suffer then only you have to clear your point to the new organisation. As you are working with your current company and handling something on your part with dedication it's means that there is something which organisation will loose if you resing or will suffer.

I think you should understanad from the organisation point of view also. If really your leaving will affect the work you should talk to the new company as there are some important work which requires your presence and onvolvement otherwise it will lead to a major loss.

I hope your new company will understand your problem and your positive attitude towards your work as well as organisation.

I hope you have to be positive and go in the wright direction without affecting you career as well as work of the current and new company.

regards
Mradul
Posted 21st December 2006 From India, Bhopal
Hello Murgesh, In my view there are two ways: (1) Go though legal action; (2) Use your connections, ask some of your friend to make required documents for you with the same profile. Good Luck
Posted 15th February 2013 From India, Delhi
Dear All,

I had 2 offer letter in last month.
Due to this I resigned from my current job.
But due to location constraints and some personal issues I hv declined both offer . now I am job less since 1 month .
Now I want to reconsider a decline job offer.

Would u please suggest me how can I write a letter for reconsideration of job offer.

Please share some template asap.
I would appreciate you.

Regards
Capil Verma
Posted 5th September 2014 From India, Jaipur



 
 
 
 







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