Partner - Risk Management
Yogesh K Chandna
1. Notice period will start effecting when your resignation is accepted also by your employer. We can not just put up our paper and expect notice period to be effected immediately. Because, the objective of the notice period is to find out better fit to replace you which definitely requires some time. As an employee, we need to accept it and go through the procedure.
2. However, you can still ask your employer to reduce your notice period to some extend or even waive off the same IF POSSIBLE. It is possible when an employer is ok with that.
3. Please check if there is any Notice period buyout clause given in your appointment letter, through which you can buy the notice period by paying applicable amount.
4. Explain your situation to your new employer and Check with your new employer if there is any possibility of extending the date of joining. If yes, you can commit them the date based on your current company's notice period.
If your employer is still not convinced, there is no any buyout clause to buy and your new employer wants you to join on the committed without fail even after explaining then JUST LEAVE THE CURRENT COMPANY by sending the detail mail to your current employer explainning your situation (call and discuss if possible) and also discuss with your new employer on whether they will be ok if you join them without releaving and service order. if your new employer is ok with that then the problem ends.
27th December 2013 From India, Madurai
If it was through email, then too, your argument is a valid one. Again question would arise on the time of sending email (was it after office hours. If after office hours, resignation date would be considered as 26th, as 25th was holiday)
On the other hand, if it was just a verbal communication, then, what your employer says is presumed to be the correct date.
27th December 2013 From India, Madras
Looking over the situation am not sure as what discussion went between you and your HR for that 1 long hour but obviously if HR is taking time id does means that the organisation has some motive behind that and may wait for you to reconsider your mood to take back your resignation or see the complexity and impact of your resignation on the tasks and department you were working .
Generally the Notice Period starts from the date of acceptance/Approval provided by HR after receiving of the resignation of the employee by the organisation . So Partially he is right but you have not mentioned the reasons you want to leave the job : either there is any issue which can't be beared by you or else and even your urgency of departing from the organisation and the Notice Period duration of your organisation .
Now in general as these are not clear to me , i would ask you to first better convince the HR giving reasons if you are in urgency to join somehere else or the reasons why you can't continue further or serve the notice period but be careful to handle it smartyly so that you get the post resignation documents like experience and relieving certificate smoothly .
reduce the notice period citing reasons which will be beneficial for both and you must understand that leaving a job happily let the doors be open for you to rejoining happily and even get your verification at next job best response from the previous employer .
other option could be to convince him to consider your resignation date from the day of you resignation as it's hardly a difference of 3 day which both of you can manage to come at a convincing point and negotiate wisely
Kindly also check if there was any legal complexity or boundation from the organisation or any rules , (which would be mentioned in your offer /appointment letter )which can impact you further
As the notice period is meant to completing of the pending projects, tasks and handling of your duties to the next person looking over the task as well as organisations also need time to search desired candidate to fit the space and also give employee time to search a new job
Hope my suggestion will help you in solving your issues and wish you good luck .
27th December 2013 From India, Gurgaon
The notice period will start as soon as the employee gives the resignation in writing.
If the notice period was to start after the employer accepts the resignation, then the employer could easily extend notice period by not accepting it for (say) 30 days and then the notice will start from there.....
The other points are valid.
Its better to find a way to leave with a proper handover and relieving letter
27th December 2013 From India, Mumbai
Notice period starts the day when the resignation letter is received by the employer. Whether it is accepted or not, it is another matter. The employer cannot assert that since today I have accepted your resignation, so the notice period starts today.
High Court of Jharkhand
28th December 2013 From India, Mumbai
When we join a job an appointment letter is issued.
Appointment letter also contains the way resignation is to be given and its consequences and also consequences of not following the termination clause.
generally the clause is "either employer or employee can terminate the services by way of notice of 30 days or in lieu of notice period the amount of salary equivalent to the notice period." so when resignation is given it is a notice to management whether the management accepts it or not. whereas the management gives termination notice and normally good managements pays notice period salary to avoid further trouble. But for employee it is advisable to serve the notice period untill the Management relieves you and it may extend beyond the period of limitation. such extension is not in any manner against the employee but only shows the concern of the employee towards his job. So the answer to your query is notice period starts from the day the resignation is posted in writing. however it may extend beyond the limitation period and in your case just 3 days extension and it should not be problem.
28th December 2013 From India, Delhi
1st January 2014 From India, Ahmadabad
1st January 2014 From India, Ahmadabad