Dinesh Divekar
Business Mentor, Consultant And Trainer
Kumaresank
Labour & Industrial Laws
Praveen Kumar Kambhampati
Director Operations
Shish
Consultant
+5 Others

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Hi,
I have not finished probation period yet.
Additionaly, according to my appointment letter "During probation period of employee, Either party can terminate services by either giving one months notice or one months basic salary in lieu "
I am going for one months basic salary in lieu instead of notice period.
I have mention same in my resignation letter.
I went to discuss my resignation with line manager but he is creating problems.
According to him i am cheating company by leaving without notice.
He is threatening me about not accepting the Resignation letter and want me to get someone to replace me after notice period.
Can I directly go to HR manager and give my Resignation letter?
As i have already discussed this problem with new employer, I dont need a releaving letter.
However, What are the other documents do I need to collect before leaving?
Is it important to have receipt of resignation letter?
Can employer reject resignation letter?
Regards,
Samir Wadajkar

Dear Samir,

Replies to your questions are as below: -

I went to discuss my resignation with line manager but he is creating problems. According to him i am cheating company by leaving without notice. He is threatening me about not accepting the Resignation letter and want me to get someone to replace me after notice period.

Leaving a job with notice is not cheating a company. It is his interpretation and be as it may.

Can I directly go to HR manager and give my Resignation letter?
As i have already discussed this problem with new employer, I dont need a releaving letter.

Who gave you appointment letter? HR or Line Manager? You should have submitted your resignation letter to the person who gave you appointment letter.

However, What are the other documents do I need to collect before leaving?
Is it important to have receipt of resignation letter?

It is better to collect relieving letter and no due certificate. There may not be separate "No due certificate" but then add one important sentence, this is to certify that no dues are outstanding against _____.

Can employer reject resignation letter?

No employer can reject (correct grammatical phrase is "turn down") resignation letter. Employer-employee relationship is out of volition of both the parties. If either party wishes to cease this relationship within the framework of the terms of the appointment letter, then the other party should not have objection to it.

Ok...

DVD

Appointment letter has been issued by HR manager and given to me by line manager. Overall, am i going to be in any problem or not?
Mr.DVD version is good. with his permission, i would like to amend his version that "it is correct to fwd the resignation letter through Line Manager, as he is his immediate boss. If Line manager refuses to fwd to HR, then the employee can fwd directly to HR marking a copy of Line Manager.
Employer can refuse to accept the resignation for certain period or for certain compliance, ie for limited period but not unconditionally. In your case, it appears that employer has not valid reason to turn down ur resignation.

Dear DVD,
First you need to understand that there is no reciept kind thing in documents, as per your matter is concerned, you need to give it to your reporting person, whom you are reporting and then he ill forward the same to HR Manager. This is the hierarchy follows by the organisation.

Dear Kumaresan and Deepali,
Thanks for correcting me. It was error on my part to have recommended to submit the resignation letter directly to HR. If this is done then would lead bypassing line manager or departmental manager. This is against the protocol of communication.
Thanks,
DVD

Resignation is submitted to the reporting manager who decides whether to relieve based on the assignment you are working on right now. If acceptable and decides to relieve you he then forwards the same to HR dept to take it forward and complete the full and final settlement. Unless the reporting manager approves, the HR function would not act on the resignation.

If you have left the organization without acceptance of the relieving letter, the transaction is one sided and may amount to "employee absconding".

Organizations invest on training individuals and groom them during the probation period. Although legally either the employee or the organization can part ways, if the organization has invested on training you with certain skills or even prepared you with an orientation on certain processes it takes all the more effort and investment for the organization to re-train another resource. It is not clear in your case how long you have been in probation.

If not the relieving letter, try and get the acceptance / acknowledgement of your resignation to avoid career hiccups later on, especially if you have to travel overseas and apply for VISAs, etc.

hi,
Thanks you all.
My line manager and HR manager both are not accepting my resignation letter and also dening to accept company belongings such as SIM Card and ID card by saying " company has a choice wheather to accept one months salary in lieu or one months notice period" however there is nothing mentioned on my appointment letter.
I dont know what to do.
Please suggest me best way in this case.
I got an suggetion from one of my friend that i can send my resignation by register post with acknowledgement.
This way i will have acknowledgement.
I have sent a scaned copy of my resignation letter to line manager, my immediate boss and HR manager mentioning i am ready to pay one months salary in lieu and ready to return company belongings.
They are threatening me to make trouble in future
Regards,
Samir

Dear Wajadkar,
Yes employer can reject provided organisation does a negotiation with you and try to fullfill what you require or come close to your requirements. You can discuss that you got good offer and explain the present organisation about the offer (do not reveil the new organisation name).
As stated in your first post that either one month notice or one month salary in lieu, decesion is left with company only. however if u are able to convince your manager and HR you can be relieved.

My dear friend,

As you told above, that means your line manager do not have your substitute and work may be affected in your absance for which he will be held responsible by the company, thats why he is doing like that.

I think you should send your resignation by mail to the persons who are concerned.

If you send your resignation by mail it will be a proof with you in future that you had given resignation whether they accepted or not.

You deposit one month notice pay in Company's Bank a/c and send a scan copy of that receipt with your resignation letter mail.

In this mail you also ask them to settle your account, issue of no due certificate, releaving order, service certificate or whatver your company is issuing to their employees while releaving them. Also tell them you are going to discontinue from so and so that.

I think after doing this much you can leave the job whether they accept your resignation or not.

You can take your settlement later.

All this is my personal opinion but before doing so I would request you to consult with some experts on this website.

Regards
Modi Ashok Kumar


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