Saswatabanerjee
Partner - Risk Management
Jeshkan
Manager-hr
HR4NATION
Hr Consulting
Pratiksawant10
Software Engineer
+2 Others

Thread Started by #pratiksawant10

Hi All,
I would like you'll to know that i am facing an serious issue regarding my acceptance of resignation.
I resigned on 24th of December 2013, after a long 1 hr discussion with my employer. He told me that he needs some time to discuss the matter and need 1 day to reply. But he didnt replied for 2 days, and now on 27th he is saying that i have accepted your resignation, but your notice period starts from today which is wrong.
As i resigned my notice period should start from the day of my resignation i.e. 24th Dec 2013.
Please i need some help or any possible solution which i should imply.
Thanks
27th December 2013 From India, Pune
Hi Prati,

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.

Regards,

M.Kannan
27th December 2013 From India, Madurai
In what mode you communicated your resignation to employer? If it is through letter, do you have acknowledgement copy of the same? If you have it, then your argument is valid.
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
Dear Pratiksawant,

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 .

regards

Arvi
27th December 2013 From India, Gurgaon
I disagree with the contention of our members here.
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
I disagree with most of the seniors.
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.
Vipul Divya
Advocate
High Court of Jharkhand
28th December 2013 From India, Mumbai
Dear all

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
I agree with Mr Yogesh's view, 2-3 days from the resignation letter date has to be considered, it is considerable time to accept a resignation and the notice period starting from the date of acceptance cannot be ruled out. We have to consider the employers situation too, the employee has resigned due to better prospects, but the employer does not want to lose a good candidate so the employer has tried their level best to convince the employee as mentioned above to reconsider his/her resignation. But the employee does not want to stay back so after the employers effort being not futile they have accepted the resignation after 3 days so the notice period ofcourse will start from the date of acceptance which is a reasonable time.
1st January 2014 From India, Ahmadabad
Sir with due respect I have a question to get clarity on the view mentioned above. Instead of resignation acceptance lets assume Job Offer Letter Acceptance, what would be the stand of the employer if an offer is send to employee and the same is not received within a reasonable time or say extended till 30 days or more.
1st January 2014 From India, Ahmadabad
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