Umakanthan53
Labour Law & Hr Consultant
Riteshmaity
Labour Law Advocate
SreekSK
Senior Executive - Hr
+1 Other

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According to my offer letter from my employer my notice period is 2 month
If i want to leave without giving 2 month notice i have to pay 2 month salary so i offered my employer that i will pay the amount. But they refused toprocess my resignation stating that HR manager is on leave and it can not be done today. As i have to leave i cannot wait for HR manager to come.
They are telling that i will be termed as absconder and will not be given experience certificate.
What should i do

Dear AMARENDRA,
I think that you are well aware of the difficulties in an instantaneous processing of a resignation letter and relieving the employee forthwith. Just because you are ready to pay the notice salary, you can not compel a momentary relief. Resignation will have effect only when it is accepted by the employer and relief and other formalities are only sequel to the acceptance of the resignation and your haste and unreasonable insistence would naturally provoke such a negative response only.. Be considerate and wait for some days.

Send your resignation letter either through official email (keep evidence for future) or through speed/ registered post. Absence/ unavailability of HR manager cannot be any ground for not receiving your resignation letter. The company seems to be doing it intentionally to harass you as you want to leave as well was ready to pay 2 months notice pay as per letter of appointment.
Dear Amrendra,
The Organisation is ready to give you smooth exit, as you stated that the HR Manager is On leave , You have to take some patience & wait for the Incumbent.
They will definitely give you the all required doc which you have required.
Do not get impatience in these process, It will take some time.
Thanks
Shubham

Dear Amarendra,
Since it is given in your offer letter that you can leave the company with a notice period of 2 months or by paying 2 months salary to the company, there is no need to wait because you are not breaking the company rules or policies. If the company is not ready to accept the resignation citing that the HR Manager is not available, there will be and should be an authorized person in charge of the HRD. So as per the said by Mr Ritesh, it is better to send your resignation letter by official mail and by registered post with acknowledgement.

Are the exit formalities carried out in your company? If so, after receiving the acknowledgement of receipt, you can request for completing the exit formalities. Still if they are not accepting your resignation or if they are not ready to give you clearance, it would be better to approach the labour officer or a legal expert regarding the same. I would also like to say that you should communicate with your new employer regarding this issue and let them know the current status.

Since I am a newbie, I would also suggest to get opinions from some of the senior level people in and out of the company or here.

Dear Amarendra,
Is it fair on your part to ask for instant release ? When you know that the current employment has a provision for 2 months notice period. There is a purpose for keeping notice period. On mutual understanding, it may be adjusted. The two month's salary is kept as a deterrent.
Apparently, your senior has passed on the problem to HR Manager, who happens to be on leave. He/She will come back and then you can discuss it out. People who are relieved instantly are of "undesirable" category only.

You have not mentioned the period of leave your HR Manager has availed, if it is a day or two it is advisable to wait for him/her to accept your resignation formally. If the leave is for a longer period the HR Manager must have authorized someone to take care of his/her responsibilities you can get your resignation by the said authorized person. Am sure that if you have to wait for a day or two even your new employer will understand and will wait for your joining.
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