I am working with a software company for last 4 years and this is my first company. I had resigned in May 2017, but took back my resignation when the company provided equal remuneration as the new company was offering me and promised me of considering me for overseas assignment.
I have resigned again now in June 2018, but one month past resignation, my manager has not accepted my resignation. I have contacted the HR department as well and they have conveyed that unless my manager approves and submits my resignation to them, they cannot process my resignation.
I have resigned by mailing it officially from company's e-mail ID and also submitted a hard copy to the manager. I had even marked the HR in CC for their reference. I have a notice period of 3 months as per company's policy and is mentioned in the appointment letter given to me that it can be extended in case any assignment given to me is not completed. I have also asked them utilize these 3 months to replace me from my current assignment. I am not under any bond, nor have I signed any documents stating that I need to work for an assignment for a particular duration.
Currently I am working on a assignment for a US client from offshore. My B1 visa was under process for the same before I resigned. Now my Manager is mentally harassing me by saying that company would not be relieving you for further 6-8 months giving a reason that the US assignment is in initial stage and my resignation would impact the credibility of the company. Also my US visa appointment has been cancelled by them and I have been asked to pay the compensation for the same which is approx. 11K.
Based on above narration of my resignation I had few questions:
1) Can the company force me stay once my notice period of 3 months is completed?
2) If they do force me to stay, What all actions should I take since I do not want to leave the company on a bad note?
3) I do not mind paying the compensation of 11K for my visa, but do I need to pay this? Note : There is no policy in my organization stating that I need to pay for my visa if process in cancelled due to resignation.
Please guide me as this will be my first official switch and I have no desire to stay with my current organisation anymore. My new company is an MNC and they require relieving letter and experience letter which might be difficult to get from my current organisation if this ends on bad note which I want to avoid.
Note: I have all the proof of resignation and the latter discussion of non acceptance of resignation on company's official e mail id and backup on my personal email ID.
11th July 2018 From India, Mumbai
A desire for clear exit with documents and organisations's wish to let employee leave in good spirit are both needed.
Here the problem appears to be the clause-till assignment is completed or 3 months notice.
You probably need to escalate the matter to a level above your manager who is playing with the wordings of your appointment order to delay or stop your exit.
Stance of manager is unreasonable as the clause till assignment is completed gives him leeway.
Only higher management can help you out.
11th July 2018 From India, Pune
By refusing to accept the resignation duly submitted, the employer is forcing you to continue in employment and this is violative of Article 23 of the Constitution which prohibits forced labour, begar etc. As the management has not replied to you so far relying on the provision that notice period can be extended in case any assignment given is not completed, this amounts to forced labour. But the point to be noted is that there is no escape from accepting the resignation, the only discretion is on whether to relieve at the end of the notice period of three months or such extended period as is required to complete the assignments in hand.
You can approach the employer stating the constitutional provision and try to work out a mutually satisfying solution.
12th July 2018 From India, Mumbai
Hi, Am HR in a software company.. One of my employee dropped an resignation email. After the discussion with my technical panel, they said we cannot relieve now as we dont have support and due to work load.... How should I reply to the email that we cannot accept resignation now.
12th September 2018 From India, Hyderabad
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