Can My Employer Really Refuse My Resignation Despite the Notice Period? Seeking Advice

Hello,

I am a software professional working with a reputed company.

The problem is that my current employer is not accepting my resignation letter. They are forcing me to travel abroad, stating that since the client interview took place and there isn't any replacement in the organization, they refuse to accept the resignation. I informed them without wasting much time to search for a replacement, but they are unable to find one.

I have resigned and am waiting for the 1-month notice period to complete without submitting any docs for visa processing. However, managers are threatening me that the resignation won't be accepted, and I must travel as soon as possible.

My appointment letter clearly states that an employee can wish to terminate his employment by giving a one-month notice period, which I have done.

I would like to know if it is possible for the employer to hold back an employee by not accepting the resignation letter, even if, according to the appointment letter, the employee can resign and serve a 1-month notice period. Can the employer state that the company will suffer financial losses and hence cannot accept the resignation? I am not under contract or a legal bond with the company.

What should I do?

Regards,

Mrugesh

Hi,

No employer can tell an employee to wait once the notice period is served by the employee unless the employer feels that he/she needs to stay back for a few more days if the employer requests her to stay. You have served the notice period, but the company is not accepting your resignation letter. In this case, the company will not issue a relieving letter from their side. If you think you don't want a relieving letter, then you can leave the company and tell your next organization that you are joining about the scenario.

Regards, Derek

Dear Mrugesh,

Based on your statement, the company cannot hold an employee after the submission of resignation on completion of one month. However, I need clarification that you have been interviewed by the client for the said overseas project. If you attended the interview, then you may not be able to refuse, provided that if you rejected the offer upfront to the clients. But if you did not attend, then you have the freedom to leave the job on completion of one month.

Another thing to keep in mind is that the company may not issue you the relieving order unless your clearance is done from the company.

In my personal opinion, if you had taken that overseas assignment, you would have been exposed to new learning. However, it is your will and wish to take up the assignment.

My suggestion is, if the assignment is for a short period, you can take it up.

Best Wishes,

Umesh S.

Hi Derek,

Thank you for your reply. I need a relieving letter or at least a resignation acceptance letter. I feel it is my right to receive it. Also, I do not want to take a risk in the future where I am not able to produce proof of 2 years of employment with the current employer. To join my new employer, they have asked for at least 1 of the 2. Also, since I am starting fresh with this new organization, I don't know how they will react to my situation of not having an acceptance letter or relieving letter despite submitting a resignation letter and serving the notice period. What should I do now?

Regards, Mrugesh

Hi Umesh,

The reasons for which I do not want to pursue further employment are: being made to sign contracts and bonds for any overseas trips, personal constraints, low quality of work, and low wages. I have made up my mind and resigned accordingly within a few days of the interview without wasting much time. My current employer does not have a replacement, and that is why they are pressuring me to fly; otherwise, it may lead to a loss of the project. The assignment start date is still a couple of weeks ahead. However, I am following the rulebook and the appointment letter I received, which states that I can terminate my employment by giving them one month's notice.

A relieving letter is important to me for my future and I have to submit it to my new employer. The relations with the current employer are so strained that I can't even think of going back.

Kindly suggest.

Mrugesh

Dear Mrugesh,

In this situation, what I could suggest is that you refer any other candidates who have similar experience to yours or a person who is required by the client to be relieved by the company. You could also consider contacting good consultants for assistance.

Regards,
Umesh.

Hello Umesh,

Is there any other solution to this situation? Can an employer hold back an employee for reasons of no replacement and project loss? I have followed the handbook and appointment letter, submitted the resignation letter, and am serving my notice period. I have informed them that I will provide full assistance and training required from my end during the notice period. Should the employee go all the way to search for a replacement in order to be relieved from the company? I feel there is an HR recruiting department in the organization to work on this task full-time. Is it sufficient to follow the handbook and appointment letter conditions for the termination of employment?

Kindly suggest.

Mrugesh

Dear Mrugesh,

No company can force any employee unless there is any agreement in writing (offer letter, company code, etc).

Once you serve the notice period, you are free to leave the company.

Even if you do not serve the notice period, you have to pay the amount equivalent to the notice period salary as per law.

NOTICE PERIOD STARTS ONLY WHEN YOUR RESIGNATION HAS BEEN ACCEPTED AND RECEIVED.

In your case, your employer is DIFFERENT so

Instead, talk to the HR in the new company you are joining. Tell them the exact situation, decide the course of action, and then

I faced the same situation a few days back.

I talked to the HR head of the new company, and he agreed that you can join without the document and submit the relieving letter later.

I resigned, but my boss in the last company didn't accept the resignation. I left a fax, mail, even sent it through registered post, and had the copy of proof for the same.

And from that day, your notice period starts, whether they accept it or not, or you can pay in lieu of your notice period, a sum equivalent to the salary of the notice period.

You can even threaten them that you are going to file a case if the relieving letter and full and final settlement are not done; they can do anything.

You should not stick with this company, because what they are up to today may continue later after a few months or years, etc.

But you should have the new company you join supporting you.

Do reply back.

Regards,

Abhishek Arun

Hi Abhishek,

Now I have a few things which I can do. Convincing the new employer will be a daunting task, a global MNC with very strict policies. But I guess I have no option. If the new employer agrees to it, then I have strong reasons to fight it out with the current employer. Currently, I am on the back foot :(

But did you eventually receive your relieving letter? If not, are you hopeful of receiving the same?

Do reply.

Mrugesh

Dear friend,

Law is on your side. If your organization is turning its back on the law and being adamant, there are other ways of solving your problem. You can file a petition with the nearest Assistant Labour Commissioner (ALC) or in a labor court to obtain a favorable order. Get in touch with a good legal counsel and start acting a little street-smart for your organization!

Cheers,
Rajeev.V

Dear Mrugesh,

This is the one solution I have provided for an amicable resolution between you and your current employer. This will help you obtain a proper relieving letter. Please consider that in the future, your present company may conduct a reference check. During that time, the company you are leaving might give negative feedback about you, which could potentially impact your future career.

Ultimately, the decision about your future is yours to make. Do not be swayed by conflicting suggestions. After considering all the advice given to you, choose the best course of action and proceed accordingly.

Regards,
Umesh S.

Hi Umesh,

I agree the separation should be graceful. But if I am not able to find a resource to replace me, then where will I land? I am working as a developer, and as per my roles, responsibilities, and capacity, I have generated a lot of business for this current employer. But as I want to move on, they are holding me ransom by not accepting my resignation letter. I know that if I follow up with the company HR, they will not reply to my mails, calls, and requests as the company head has refused to accept my resignation. What should I do in such a case? Handling business, retaining, and finding resources are not in my capacity, nor does my salary slip indicate the same. I am not wrong when I am following the rule book and clauses in the appointment letter and serving a one-month notice period after resigning. What should I do then?

Regards,
Mrugesh.

Hi,

Please provide me with the following:

1. Date of joining.
2. Date of resignation.
3. Whether through hard copy, email, or some other mode.
4. Who else, apart from the manager - HR or Head HR, discussed with you.
5. Do you have a copy of the standing order or code of conduct of the company?
6. What is the exact wording of the notice period?
7. When did you interview for an overseas job at the erstwhile company?
8. Can you provide us with a copy of the resignation letter?

I assure you that I will provide you with a possible solution within a day or two. If possible, please discuss with me.

Arun K. Mishra
Email: mishra.arunk@gmail.com
Phone: 9313048791

Hi Mrugesh,

I think you should speak to your new employer that you are not being relieved due to this reason even though you have completed all the terms and conditions of separation as per your appointment letter. I am sure they would understand your genuineness.

Just let me know how you have resigned. I mean through an email or a hard copy resignation. If you have resigned through an email, take the print of that email and keep it with you. Also, on your last working day, send an email to your manager and to other seniors thanking them for their support throughout your tenure. Keep a print of that as well.

Then again go to your manager and ask for an acceptance to that. If he gives it, good enough; otherwise, you take the printouts and give them to your new employer, which in a sense would declare that you have resigned from the last company and served the notice period too.

You need to make them understand that it is their fault that they did not designate a successor to you, and when you have completed all the terms and conditions, then they cannot stop you for any reasons. I know it sounds a little harsh and may create rifts between you and the manager, but at times you have to do things for your own benefits.

The last step is the legal battle for your right, but that should come at the extreme of it.

Hope my suggestion works for you.

Thanks,

Mohit

Dear,

I think if you really feel that after your resignation the organization will not suffer, then you have to clearly communicate your point to the new organization. As you are currently working with your current company and handling responsibilities with dedication, it means that there is something the organization will lose if you resign or they will suffer.

I believe you should also consider the organization's point of view. If your departure will truly impact the work, you should discuss with the new company as there are crucial tasks that require your presence and involvement; otherwise, it may result in significant losses.

I trust that your new company will understand your situation and appreciate your positive attitude towards your work and the organization.

You need to stay positive and move in the right direction without negatively affecting your career, as well as the operations of both your current and new companies.

Regards,
Mradul

I need some suggestions. I joined Citec on 4th April 2016, and my confirmation date should have been 4th October, but I received the letter in the last week of November. The acknowledgment letter has not been signed by me, and I still have it with me. In the first week of December, I submitted my resignation with a one-month notice period (one month notice during probation and three months after confirmation) at Citec, along with the unsigned acknowledgment. After sending 3 to 4 reminder emails to HR, I received a reply stating that I am now a permanent employee and should serve a 3-month notice period. I served exactly one month as mentioned in my resignation letter. Now, my new company is requesting a resignation acceptance or relieving letter from my previous company. However, upon contacting my previous company, I was informed that they have not accepted my resignation and will not provide a relieving letter. In order to obtain the letter, I offered to pay the remaining 2 months' gross salary as per the company handbook. HR has stated that even after payment, they will not accept the resignation and provide the relieving letter. They insist that I need to serve an additional 2 months. I seek assistance in this matter. Do I have any legal recourse?

Thanks & Regards,

Mahesh