Current Employer Not Accepting Notice Period Buyout Though There Is A Option To Do So In The Offer Letter - CiteHR
Anil.arora
Administration Head
Nashbramhall
Learning & Teaching Fellow (retired)
Shah01ankita
Talent Acquisition / Consultant - Catalis
+1 Other

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Hi
I am working for a IT company since 2.7 yrs as software engineer. As I have got offer from another company, I have resigned and i am constantly requesting for relieving letter. Notice period in current company is 3 months. Served 1 month notice and asking for 2 months buyout.
Its mentioned in the offer letter that.

The employment shall be terminated by either party by giving 3 months notice or payment of the salary in lieu there of and either party is not bound to give any reason therefore.

I spoke to my HR he refused to relieve me i.e resignation letter and he is not even replying to my resignation mail.
I spoke to the new company which i am going to join they refused to extend the joining date.
Plz suggest in this case how will i get the relieving letter and and join the new company.
Regards

Hi,
Well in that case you need to speak to your supervisor/boss and HOD and share concern first. There is no need to speak to HR people directly as they can just do their job but to relieve or give first departmental clearance to you is the job of your HOD/TL, therefore, after getting clearance from them you can speak to HR.
But let us know whether you resigned by email or by following the proper and right procedure, and have handed over your work or not?
Actually the above said factors plays a very important role here and I feel that you have resigned by email and waiting for the acceptance and the relieving letter in response of your request in this regard which is not ethical and professional procedure to resign in a normal conditions.
So, please reply with answers so that you can get an appropriate and good responses that you are looking for

As per the separation clause of your company, you are right in giving 1 month's notice and paying for remaining tenure and since they've mentioned no reason shall be stated for it, it really should not matter the reason for your resignation.

What you can do is, type a letter on normal page:

To,

The concerned authority,

Sub: Reminder of the resignation and relieving

This is to mention you that I had sent my resignation via email/self-delivered letter on [DATE] to [HR/Authority NAME]

Even after following up since I have not been updated on this regards, I hereby tender a final notice stating the following:

I hereby wish to resign the employment and would like you to relieve me at the earliest.

As per the separation policy mentioned in the appointment letter clause no. [ ] it states that

"The employment shall be terminated by either party by giving 3 months notice or payment of the salary in lieu there of and either party is not bound to give any reason therefore."

Thus, as per the clause state, I am willing to serve one month's notice from the actual date of handing over the resignation i.e. [DATE] and thus, my last working day shall be [Last Working Day]. As about the remaining 2 month's notice, I am willing to opt for the notice buy out option and would be willing to pay my 2 month's salary against it.

This is to again mention that I would be obliged if I can get the relieving and experience letter on the last day of working as well as if we can settle the F&F on the last day itself clearing all dues on either side.

Kindly acknowledge the reciept of this.

Regards,

Your name

Your Designation

==================================

Duplicate the copy, go and hand-deliver the letter and get the acknowledgement signature on the duplicate. If they decline to sign as acknowledgement, take another print and register AD it to the office address. This will ensure that you did on your part and then the employer's liability is initiated...

Waiting for senior's advice as well...

Hi Anil,
Thankyou for the Reply
I have submitted my resignation through email for which i didnt receive any kind of reply from the management nor my HR . Its a small midsize company.
Hi Ankita
Thankyou for reply as well.
I have requested my New company HR (its a MNC) that i will be joining without the relieving letter but would be submitting a
affidavit stating that i am no more a employee of previous company and clearly stating about the buyout as well. They said that they need
to speak with the background verification team about this. I am afraid if they dont accept this affidavit.
The HR of the new company had asked to atleast get a reply from my HR that they have accepted my Resignation mail.
But the management, TeamLeader and even the HR refused to reply to my resignation mail.
So i am just hoping that the new company accepts this affidavit which i will come to know tomorrow. If not i will have to lose this offer.
If there is any other way plz keep me posted.
Regards

,

May I take this opportunity to appeal to members that when they resign or correspond with the company to submit hard copies and get acknowledgement of the receipt of the letter. If sending by email, I think there is a facility to know whether the mail has been delivered and opened. I have used it in the past and now I do not know. Please see How can I know has my email been read? | Email Tips | Essex, Hertfordshire, Bishop's Stortford and Harlow | Easykey
Let Sneha's experience be a lesson to all of us and let us make sure that we send resignation and other important communication in writing and deliver it by hand and if it is not acknowledged then send it by Registered post.

Hi Simhan I completely agree with your reply to the post. Can you please let me know the format to prepare the affidavit for relieving letter ASAP. Regards Sneha
HI Sneha

As I was right and you also have accepted that you just have resigned by email which I would like to remind you again, was not the right procedure of resigning a post in a normal condition and is possibly the reason of these problems you are into today.

To All:

Second, email resignation and communication is acceptable in the situation where an employee is not at work at the time, due to health or any valid reason or not able to join office back to do so by mentioning the valid reason of the same but not in a normal condition of employment.

Normal conditions imply to the situation where an employee who is at work and perfectly fit and fine by health at the time of resignation and able to follow (must follow) the applicable and said procedure of resignation under appointment/ Joining letter. The employee has to hand over his/her responsibilities to his/her immediate supervisor/ TL/ BOSS/ HR or to any responsible colleague assigned by authority/TL/Boss/HR completely and get departmental clearance such as handover of work till the time and data/files under possession, the IT/Admin asset and get clearance of the responsible respective authority.

How can any employer accept the resignation of an employee by email communication by forgetting the aforesaid condition /requirement/procedure of resignation?

Employers as well as employee are bound to obey the agreed terms and conditions of employment and neither of them permitted to disobey the same or go easily by doing this unacceptable act, and when anyone of them does, create conflicts like existing in this case too.

We all know and corresponding with candidates/employee/employers and other daily, over these Notice Period issues and conflicts, and observe the same reasons of breach of terms & conditions of employment but still not learning from them and mistakes being repeated, is actually a big and serious problem and not just for one but for all of us (including Employee, Employer, Students, other professionals and researchers manyhow).

How can an employee treat his/her employment and present work responsibilities by this irresponsible act/behavior? If an employee/ candidate expect or deserve the right to have appointment letter first or before joining and agreed on terms than employer do deserve the right to have appropriate procedure and act by an employee by following the agreed employment terms & conditions.

Professionalism, professional etiquettes, terms and conditions of employment, procedure/policies, why these are existing, why these are valuable to us and being formulated and apply?

She has resigned by email but who will say and responsible for whether it has been accepted or not (She admitted too) whether she has handed over the aforesaid work responsibilities formally and gets clearance or not. Who will be responsible for any lack or any unfavorable thing to employer in present/future if occurred? Can any employer be able to bear these situation or future possibilities or acceptable and forget the right procedure of relieving any candidate?

“A wrong question can only get wrong answer” moreover, she has not visited to them personally and if I'm not wrong she has stopped going office without even informing them or say took leave and put that resignation by email subsequently.

To Sneha:

As I said in my previous response, I would request you again to make a visit to your employer personally and speak to them (your Immd Supervisor/Boss or HR, and get their actual responses and demand, but do not waste time by making email communication or waiting to get clearance by your employer.

Lastly, Company size dosent matter but the procedure, terms and conditions along with the acts we perform and response of others

To all the employees and candidate:

Do not forget to obey /follow the agreed employment terms and condition while at the time of resigning. Everyone of you and we all deserve the right to look forward for future growth and new/big/better opportunities but by showing irresponsible and unprofessional act, you/we can be caught by unfavorable situation anytime even at the background check by future employers or anytime in future.

Cite Community, member/ seniors/experts can just suggestion you or direct you on how to proceed further but it is you who actually have to perform or take the situation.

“Only you and your actions can get you the solution of your problems”

Best of Luck

Hi Anil
The affidavit thing didnt work out. I had to lose the offer . Hope others do not make the same mistake as i did . If i even had a acceptance mail that would have worked out.

Hi all
Please read the posts by Anil Arora carefully follow every instructions.
Regards

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