resignation with serving notice period
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resignation with serving notice period

rtripathi86 Started The Discussion:

Any one please suggest me.

I am working in a organization from 3.5 year.I am not getting a standard salary here.They send me on client side within India.i was suffering problem such as not surviving myself that city.In between i got offer that is near to home also.I resigned from that organization.But my manager is denying and saying your resignation is not acceptable because you are on client side and it is company HR policy, first come in current office when client will release then give resign then serve 1 month notice period that will be acceptable .but in my offer letter there is only one month notice period.
but i am serving my notice period with dedication from the resignation date and request my side for acceptance to manager.only one week is remained to be complete.so after my notice period completion what to do .Please suggest me.

santnikita - Member Since: Oct 2009
Dear,

Please clear following doubts to provide solution to your query:
1. To whom you have submitted your resignation ie to your client company or principal company
2. If submitted your resignation to your client company and served your notice period will not be considered as notice period as your principal company may not be aware about your resignation
3. If submitted your resignation to principal company and you have proof of acceptance of your resignation, then you are not required to worry, you may go ahead with your decision of leaving the company after serving the notice period.


Thanks,
Santosh

rtripathi86 - Member Since: Aug 2013
Santosh,Thanks for quick response .

Dear Santosh,

I have submitted to my resignation to manager and HR both of principal company .
And from first day they are threatening not to return without client permission.
Manager had given me mail in response "Your resignation is not acceptable bcozYou are on client side.Any one cann't give resign from client side.This is HR policy .When client will say ok (means get any resource replacement )then First come to this company(principle) and then resign then serve one month notice period.Then it will be acceptable.".I want to know in HR policy more things are given which is not read by employee every thing when he signed on offer letter.

when i will return from client side .what process need to initiate for relieving letter and my experience letter.

santnikita - Member Since: Oct 2009
Dear,

In this case, you have following options:
1. Try to coordinate with your new employer from whom you received the offer letter for extension in joining date. Mean while you can find out your replacement for yourself in current company.
2. If the new employer is not ready to extend the joining date, then try to convince the current employer for this decision of leaving the company and go ahead with your decision. Try to convince the new employer that you will not be able to join new company with proper relieving letter, experience certificate etc. In such scenario, you may be required to forget your full n final. So take a sound decision depending upon your new offer, job responsibilities, current market scenario etc.


Thanks,
Santosh

saswatabanerjee - Member Since: Oct 2010
To add to the above, hr policy of the company can not over ride the law of the land.
The company has no right to force an employee to work when he does not want to work for that company (it's not slave / bonded labour). At best they can insist on serving of a normal notice period (normally 1 month, max 3 months) that was stated in your appointment letter.

So legally, irrespective of whether the company has accepted your resignation, you are entitled to walk out after the notice period is over.

However, do speak to your new employer and ensure he understands the situation and supports you on it.

rtripathi86 - Member Since: Aug 2013
Hi Saswata,

Thanks for response and to encourage my patient .Please clear my point
My notice period is 1 month .I have served my 3 week notice period .It will be continue until one month complete.But they have not accepted till now.If they will not accept to the end of the day.So what should do for that situation.I am compel to leave this organization.because they only talk about replacement and told to wait me until new replacement come.(already 21 days has been passed ,no one come). I suppose they can't manage in coming week also .then what is my fault here.If they will delay to accept my resignation and ask me to stay couple week also (extra to notice period means going 45 days)then perhaps
I can loose my new job also. If go against then they will give proper relieve and experience certificate.? Please tell me what is my option...

saswatabanerjee - Member Since: Oct 2010
It's a toss up.
You are required to work up to the end of your notice period.
The company is required to pay you.
They definitely won't pay you (it's apparent)
But you still have to work knowing you are not getting paid.

There is no guarantee when they will get a replacement.
As soon as they do, they will relieve you without any notice.
So trying to help them or working as per their requirement will make no sense.
(If they were an ethical employer they would have accepted the resignation, asked you to extend as a request). They apparently care only about themselves, even at cost of your career.

Immediately speak to your new company and explain the matter to them
Get their approval to come without relieving letter. Tell them you will complete notice period because its your duty, but it is very clear they are going to relieve you. Show them your resignation letter, etc and explain you are not at fault. It's important you do not lose your new job. Getting another one at this time is difficult

Quote:
Originally Posted by rtripathi86 View Post
Hi Saswata,

Thanks for response and to encourage my patient .Please clear my point
My notice period is 1 month .I have served my 3 week notice period .It will be continue until one month complete.But they have not accepted till now.If they will not accept to the end of the day.So what should do for that situation.I am compel to leave this organization.because they only talk about replacement and told to wait me until new replacement come.(already 21 days has been passed ,no one come). I suppose they can't manage in coming week also .then what is my fault here.If they will delay to accept my resignation and ask me to stay couple week also (extra to notice period means going 45 days)then perhaps
I can loose my new job also. If go against then they will give proper relieve and experience certificate.? Please tell me what is my option...

Eswararao Ivaturi - Member Since: Jul 2013
ellow, in my view,hear two aspects are seen. One is your
Principal Employer who has
issued the Appointment Order
and and on whose pay rolls
you are there and secondly
you are working for the client co. of your princi-
pal Employer. If this is the case, your resignation and the the notice pay definetely stands, provided there is no specific mention in your Appointment letter about the Control of the Client oo. about your service matters.

You may ignore if my contension is wrong.

Eswararao Ivaturi.

abedeen7 - Member Since: Dec 2009
Hello Tripathy,

HR policy is not above the law. If an employee does not want to work in accompany then employer has not right to force him to work in India.

You may send mail to HR mentioning the termination clause of your employment contract and as per that you should abide.

Personally I would request you not to leave when you are at client site as this will hamper their business and reputation. Discuss with them to find a reliever against you in the mean time you will quit. Always leave company in good terms who knows that you may need help from them or they may offer you in future.

saswatabanerjee - Member Since: Oct 2010
Dear Shaikh

I read his original post differently.
He said he was trying to get them to relieve him.
They have not bothered to give him any date other than saying you cant resign from client side. I know there is no such rule that you cant resign from client side. They should have made arrangement for a replacement. It would not be the responsibility of the employee to maintain the business and reputation of the company. The manager should be more concerned and should make arrangements for a replacement.

While in most cases, i would agree with you about the need to leave on good terms, in this case it seem to me a case where the manager is willing to sacrifice or harm the career of the employee for his own convinience. In such a case, do you think he should not leave while he is at the client location ?

He faces 2 alternate risks here :
- risk of trying to accommodating his existing employer and losing his new job opportunity (could very well be terminated immediately on a replacement being found when he will not have a job)

- risk of getting negative feedback in future background search from this employer for not having completed the relieving to their satisfaction.

I am not sure which is a bigger problem.

Quote:
Originally Posted by abedeen7 View Post
Hello Tripathy,

HR policy is not above the law. If an employee does not want to work in accompany then employer has not right to force him to work in India.

You may send mail to HR mentioning the termination clause of your employment contract and as per that you should abide.

Personally I would request you not to leave when you are at client site as this will hamper their business and reputation. Discuss with them to find a reliever against you in the mean time you will quit. Always leave company in good terms who knows that you may need help from them or they may offer you in future.



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