Notice Period Serve-Not Relieving Ealry - CiteHR
Jeshkan
Manager-hr
Rpatils
Properitor
B K BHATIA
Director Of Company
+1 Other

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HI,
I am working in a MNC. I have resigned my job on 21-05-2013 and asked for a relieving in 45 days through mail. This was communicated to my manager and there was a oral consent from them too but never communicated in mail.
Now the organisation is not ready to relieve me before 60 days(as per policy) which is informed to me jsut 2 days before my relieve(45 days as per my mail)
Can any one pls suggest what i should i do now? can organisation prevent me from releiving in 45 days? Pls suggest
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Dear Kumar,
You have no choice then to serve the notice period, as the communication was not documented over an email.
Communicate this information to the new company over an email and request them to extend your joining date and speak with the HR for the concern, If you do not serve the notice period your expereince & relieving letter may be kept on hold. If these letters are not important to the new company then you may quit , but again remember one thing leave the company no matter how much they had troubled or you have enjoyed working with them on good grounds.
- Regards,Rohit Patil
Please go through the notice period clause, and ask your HR if they can adjust the short notice with pay or with any unused earned leaves.
Hi Kumar,

According to you, you have done your part well by sending clear communication about your resignation through mail and on the date on which you need to be relieved. They did not give reply mail to you, but they orally confirmed that you will be relieved as per your mail.

But kindly answer to my following points to have better clarity,

1. Why did not ask your HR people to give confirmation mail through mail? What made you to wait till last date & Cry?

2. You said it was communicated to you manager but let me know who communicated and how it was communicated to him? if they called him/her on phone and informed about your resignation, then no point in asking your manager for the explaination as he may come and say that he was not informed about your resignation.

3. Since you are working closely with your manager, you could have asked about your relieving little earlier. So that, he would have supported you in relieving.

4. 1. Is there any clause on Notice Period Pay mentioned in your appointment letter?

5. Can you please discuss with your HR department that if you can pay notice period amount for rest of the days, they will be ok and relieve you?. They will accept and do so.

If you don't want to pay anything. Then you can take a final call and push off as you wish. You don't have to worry about it, because, they can not stop you as you have a proof for the communication sent on your resignation. Since they did not response, you take a call that's it.

But as Mr.Rohit Said, they may delay in processing for Experience/Relieving Letter or they may even say that experience/relieving letter will not be given to you, but they can not say that they will not process for your F&F and will not settle any dues to be paid to you. Because they have no rights to say Experience / Relieving letter will not be given to you, even after completing 45 days of notice period.

In case if they are saying that they will not process for F&F and they will not settle any dues, even after you accept that you will pay notice amount for rest of the days, then you can tell them that you will take legal call.

To be on safer side, keep your new employer informed on this issue and ensure there will not be any issue with your new employer after relieving from current company.

Regards,

M.Kannan
Dear Rohit,
Thanks for your prompt response.
There is one small clarification in my query. Though they haven't confirmed by relieve in 45 days, they do communicated over mail that :There is no issues once training for the replacement is done".
Does this suffice my requirement? can I get exp & relieving letter? Pls suggest..
Notice period is based on company policies. Any relaxations in duration, for specific individuals, can only be given in writing. Verbal assurance by the Manager has no meaning since managers are not empowered to change company policies. Moreover, there is no method to verify/ validate verbal communications.
You can probably have a face to face discussion, in your presence, between the HR & your manager, and try if it can work in your favor.
Hi Kumar,
Try to understand they diplomatically answered that "There is no issues once training for the replacement is done" which does not mean that they will relieve you after 45 days. They can say that training for the replacement is not over within 45 days so, you need serve notice period of 60 days.
Regards,
M.Kannan
My dear Kumar,
Tendering of resignation is an official process and be treated as such. In stead of mailing the resignation letter you should have visited your organisation personally, contacted your boss and also the HR, should you have faced a problem of tendering resignation 15 days short of the prescribed notice period and discussed if it could be accepted by adjusting of leave due to you or on acceptance of the pay for the period short if they declined to accept the notice 15 days short of the prescribed period. In such a way you could sort out the problem maturedly at your own level. However, it is still not very late to act accordingly. But you should not run after them through the mail, instead approach them personally, now and in future, if and when such a situation recurs.
Regards
S.K.Johri
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