senthilnathant
Hello sir,
I am working in ITES company. I got better job opportunity in my same filed. I wrote resignation letter and gave it to functional head. He is not accept my resignation. so I mailed my resignation to HR manager and CCed my mail to my TL, functional head, Assist manager.In my offer letter they clearly mention that one month is a notice period. After wrote the mail i have applied on HR portal.Only nine days are remaining in my notice period. My functional head clearly told i never accept ur resignation because u are not get permission from myself. After my notice period only 5 days are available to join in the new company.Already i extend my joining date.
Is it correct to complaint to labor commissioner adout this problem. Also pls guide me about this issue. Till now i complete my notice period loyal to my concern.
is it advisable to tell about this problem to new employer. pls advice

From India, Chennai
learningnovo
614

I don't have much knowledge about this but I would suggest you to discuss this with your HR SPOC and take some guidance. What is the reason behind his non-acceptance? Discuss the issue and explain your point of view. Are they trying to retain you? Are they promising any salary hike or promotion?
I feel that you should go ahead and tell this situation to the new employer and also have proof of your resignation mail.

From India, Delhi
rkn61
624

Have you received your Offer of Appointment order? You should have tendered your resignation
to the same authority through your HOD (Departmental Head), with a copy to HR.
This is the right procedure.
Please do the same accordingly and comply with all the clauses mentioned in your Appointment letter
in letter and spirit.
There is no point in approaching Labour Officer/Labour Commissioner as acceptance of your
resignation letter or holding the same for obvious reasons by your higher ups, shall be purely in the
hands of your company management.
Thanks, R k Nair

From India, Aizawl
aher.manjiri
5

Hi,
I will suggest you to be loyal and open to your new employer. Talk to your current HR, ask her what are the difficulties and based on her /his opinion and reasons talk to your New employer HR.
If you are willing to join new company then tell the frankly that you are interested and willing to join the company. Tell that person about your discussion with your current company. Give them proof of mails i.e resignation.
Try to be open and elaborate the situation. and try to be humble with your current managers and HR as well, because though new company accept your situation but In future you will need all your experience documents. so try to be humble and kind with both parties..
Thank you

From India, Pune
D.GURUMURTHY
107

If the joining company insists for relieving order, you have to beg and request for it with the previous company as you have not completed one month's notice period.
In case the joining company is not demanding relief order, you can ignore the matter.

From India, Hyderabad
senthilnathant
Thanks for your reply.
They provide some offer and position to me . But i am not satisfy with the offer. My new employer offer me a better offer compare to this offer. I am the key person in my team. so they are not ready to leave me. It is the problem. Already i extend my date of joining in new concern. so more than two days after my notice period also create problem. pls guide me which is the best way to get my exp letter

From India, Chennai
senthilnathant
Thanks for your response.
I got my offer letter from my new company. I gave my resignation letter to my reporting person/AM . I spoke up to my senior Head. They are not ready to leave me for a two months. They told clearly. After that only i wrote a mail to HR team about my resignation also CCed my mail to all reporting persons including my senior head.
My functional head question me without his permission you mailed to Hr team and applied on HR portal. so i never accept ur resignation. I never consider this as a notice period. I will leave u after two months only. He told like that. Pls give guidance to me for this problem.

From India, Chennai
91Generalist
1

In the employment contracts of non managers there cannot be clauses like if yo speak to HR I will not accept your resignation.
Overall, it appears that you have rubbed the wrong edge with the present organisation. Try to convince them and mean while speak to your next employer and keep them updated. However, your present employer cannot hold you for two months if your notice period is only one month. They do not have a locus standee on the issue.
All the best! be polite and courteous while you are being straight forward. I think this phase will pass smoothly.

From India, Bangalore
Apex Management
157

Dear all,
leaving current employment / organization and joining other for better prospectus is definitely is a right of each one subject to fulfillment of conditions contained in the appointment letter.
One should respect the terms of notice period if agreed at the time of taking employment as the organization where one has spent time must be given reasonable time for his replacement.
P K Sharma

From India, Delhi
dak_sha_91682
5

Unfortunately some bosses do try and hold on to their people in this fashion. My suggestions would be:

First be open with your new employer and find out if they would be willing to extend your joining date, which would solve the issue.

If they are not willing then ask them if the absence of a relieving letter would be a big problem for joining, since it may be delayed under the circumstances. If they are ok then you should think of joining the new company on schedule if you think that is the right career choice for you.

If you have resigned on mail, and have given sufficient notice then your present company can only delay your full and final settlement or your relieving letter. You should refer to the terms stated in your appointment letter. unless a clause regarding acceptance of resignation is included it is not a concern. It is the tendering of the resignation which is important. There is no need to take legal action presently. If the company holds back your dues for too long you can then consider that step.

Do be polite, helpful yet firm. Your advancement is your right.


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