Feeling Trapped: How to Handle a Termination Letter When You Want to Resign?

Hi, I was called by my HR Manager, and she informed me that management is not happy with my performance. They have decided to monitor me very closely for the next month. She added that I can take this as a notice period. The next day, I approached her with my resignation letter, but she refused to accept it. Instead, she issued me a termination letter stating the reason for underperformance.

I have not accepted the termination letter. Instead, I asked her why there are three different views: 1) closely monitored by management, 2) notice period, and 3) termination letter.

After refusing to accept the letter, she emailed me a scanned copy. Now, I am asking them why they can't accept my resignation letter. The HR manager said, as per HR rules, they have spoken to me regarding the issue, so I can't submit my resignation letter.

I am trying to talk to my management and sort it out, but I know they will not. Kindly advise on what I should do. I don't want to accept any termination letter. I am going through mental agony. Please help.

Thank you.

It seems your HR Department has a massive chip on their shoulder.

In general, instead of terminating an employee, companies ask them to resign. That way, the employee gets a clean relieving letter and can get a job more easily. Here, you have someone who seems to take pleasure in creating problems. There is little you can do about this, actually.

You can speak to your management and ask them to consider accepting your resignation. If they don't, then you just have to proceed with the letter they give. I hope your next employer will understand your predicament. If the termination letter is after resignation, then you have something to show the new employer. But I guess in your case, they would have refused to sign the acknowledgment letter.

You got it right. They really like to do the same. I really appreciate your help. I have spoken to the top management, and they have taken my resignation letter for further discussion. I am waiting for their reply by today. Hope for the best.

Regards,
Santu Mitra

Understanding the Industrial Disputes Act and Retrenchment

The question that comes up is: How does the Industrial Disputes Act and the process of retrenchment matter in this case? Mitrasantu does not wish to dispute their termination as such or raise a dispute and fight. In fact, he is interested in leaving and moving ahead. In order to do that, he needs to have a clean exit so he can get a job without hassles. If he files a complaint under the act, what will be the actual effect? What will happen when the next employer does a background check?

Resignation Dilemma: Seeking Advice

As mentioned earlier, I had a discussion with the top management to accept my resignation. Actually, it’s a partnership company that comes under the factory. After a few days, today, the VP called me and asked me to write a resignation letter in his own choice of words and took the letter from me. I was quite happy, but I was shocked to understand and am still in shock that in return, when I asked him for the receipt of this resignation letter, he refused to give the same. He said, "I am a VP of this company, I am taking it from you, so it’s okay. If you are not happy, then take this letter back and sign the termination letter." I said okay and came back from his cabin.

Guys, please advise on what I can do next?

Hi, I really don't know. Actually, now I am scared for the 24th of September, which will be my last working day. When I come for FnF, they might refuse to give any FnF. The reason is that I have not signed their termination letter, and they have also not signed my resignation letter. So, they can blindly refuse.

Regards,

There is no straight answer to your question, mainly because the advice would depend on knowing and understanding your employers much better. I don't know the response that you would get to each possible course of action, so how do I tell you which is the best...

I can only suggest that you speak to the VP or to your HR. Explain that when you apply to any company, they want to see a signed copy of your resignation letter to verify that you have followed all rules and resigned with a full notice period. You would not want them to waste their time calling to confirm that you left, etc. It would really help you in the future to have documentation of your resignation, etc.

Or perhaps you can ask HR to acknowledge the resignation letter now since the VP has acknowledged it.

Thank you for your concern. Actually, it's a partnership company (Family Company). The HR personnel is there just for show. All decisions are made by the family members, the so-called VP, GM, etc. She will not sign any papers without their consultation or advice.

Regards,
Santu

Dear Santu, you need not worry about anything. From what I understand, your HR Manager lacks the necessary knowledge regarding the resignation and termination process. Typically, if a company wants to terminate an employee, they request a resignation letter and ask the employee to leave gracefully.

Another possibility is that your management might want you to facilitate the handover or knowledge transfer process. It's advisable to remain silent and avoid gossiping with your coworkers. Once your knowledge transfer process is complete, they will handle all the Full and Final settlement procedures.

Even if issues persist, please discuss them in a pleasant manner as your career is significant.

Regards, Pandey [Phone Number Removed For Privacy Reasons]

Since you have resigned and submitted your resignation letter, it is important that you serve your notice and leave the company. If your VP or HR has not given an acceptance of the resignation letter, it will not matter much in getting a new job. You can tell your new employer that you have resigned, but the company has not given acceptance of the same. I personally have come across such cases in small and medium-sized companies where acceptance of resignation is not provided either as a practice or with an aim to harass the resigned employee.

You can retain a copy of the resignation letter addressed to your current management. But at the same time, you will have to ensure that you get a Relieving Letter/Work Experience Letter from your current organization.

Please write to me at [Email Removed For Privacy Reasons] if you need any further support.

Regards,
Sumit

I agree with saswatabanerjee. The case does not come under the Industrial Dispute Act as a retrenchment case. Mr. Aditya must know that when there is a termination, it can't be retrenchment. It's a simple rule of retrenchment.

I have been receiving moral support from you guys for the last few days, helping me keep my mind under control. Today, my company's VP called and politely discussed various matters. However, he concluded the conversation with a reminder to "maintain the decorum of the office. Don't do anything that could potentially harm our relationship in the future. We should not approach things in a tit-for-tat manner." I also expressed my agreement with his sentiments and mentioned that I too wish to part ways with the company on good terms.

Later, when I asked him for a relieving/experience letter, he mentioned that they do not provide such letters as per their policy. He advised me to refer any new employers seeking such documentation to contact them directly.

Seeking Advice on Next Steps

Now, please advise me on what to do next. It seems futile to try to make them understand that the corporate world operates differently from a family setting. If they refuse to provide me with any relieving/experience letters, what steps should I take?

Understanding Company Policies and Legal Requirements

It's true that a company can make its own rules. However, those rules cannot contradict the law. The law requires that a person leaving a job must be given a certificate of employment (referred to by various names under different laws). No employer can claim that their internal rules disallow this.

Regards,

It is very sad to hear about the tough phase you are going through. I can understand the agony and depression you are experiencing. To provide my insights, I would need a few details from you.

1. How long have you worked there?
2. Do you have your official email ID with the company's domain (e.g., [Login to view])?

Regards,
S.R