How Can I Navigate Resignation Challenges with My Boss Over Notice Period?

Dear All,

I urgently need guidance from all of you. I am currently working with 'A' company and submitted my resignation to my immediate superior on the 10th of June, cc'ing his superior as well, but I did not include HR in the email.

The company has a clause requiring a two-month notice period. I am now facing an issue as my boss is upset about this unexpected resignation and is causing problems. He is threatening me to serve the full two-month notice period. I had initially given notice until the 30th of June, considering that I have 30 accumulated leaves that can be adjusted. Furthermore, I am prepared to pay back if needed.

Please advise on what steps I should take to ensure my resignation is accepted and to expedite the full and final settlement.

Thank you.

Hi,

As per the offer letter signed and agreed upon by you, you need to serve a 2-month notice period. It is up to the management's decision to either waive the notice period or accept earned leave or notice period pay in lieu of the shortfall.

You should discuss with your manager to request being relieved by serving a shorter notice period. However, if the manager decides that you need to serve the full notice period, then I can't help.

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Sree

Dear Binita,

The notice period is to serve for 2 months as specified in the appointment order. A waiver stands at management's discretion. There is no issue here, as you are even ready to pay for the days of non-serving. Speak to your HR directly so that you could get an idea of the consequences.

Don't worry... Speak to your HR and make a decision. It's better next time to discuss with your management / higher-ups before you submit your resignation, so that anger and enmity can be avoided. Remember one thing, if you don't support, you cannot expect support. Hope you got it.

Good luck.

CRK
Email: crk.mbahr@yahoo.com

Thank you, Shree and CRK, for your response. To tell you the truth, my boss would have never let me go even if I had discussed it with him earlier. He has a huge ego. In the last two months, six of our team members have resigned due to his attitude, as he sees his subordinates as slaves.

For the past two days, my boss has been trying very softly to convince me to stay back for at least six months, but I have been continuously refusing. Now, he is getting more aggressive and shouting a lot.

Today, I discussed everything with HR, but they mentioned that they can't release me without my superior's consent.

Please advise on what needs to be done.

2ndly, please suggest - what if I quit on the date mentioned in my resignation letter as I have calculated that there is nothing left for me to take from the company, nor for the company to give to me. Do you think this action could lead to any legal issues?

Please review my input and let me know if you need any further assistance.

Binita,

Just have official mail proofs of your resignation and all the communication in this concern. Shoot an email to HR and your boss that you want to get relieved by a certain date and request the process of relieving. All this should be through email (so that you have proof). If there is no reply, send three reminders. If you receive a reply, respond accordingly. If you don't get a response, send an email stating that you will leave the company on that date.
You may have to pay the organization for a permanent relieving letter. There is nothing for them to proceed legally after numerous notifications from you. Even if they proceed, you will have sufficient evidence with you.
No issues... Take a wise decision. If you have further queries, it's advisable for you to meet a legal advisor and make a decision.
All the very best.

CRK

To stop the issue from moving towards legal action against you, you should first read the appointment letter or contract (if applicable). Secondly, you should review the HR Policy of your company.

In this case, there must be information in the HR policy, company contract, or appointment letter regarding your notice period and the consequences of not serving it. For example, "you will have to give a 2-month notice period, otherwise, 2 months' basic pay will be deducted from your Full and Final settlement."

In most companies, it is clearly stated and communicated in advance what may occur if you fail to serve the notice period. If it is written in your case that you will have to pay 2 months' basic pay, and you are willing to do so, you can leave the company easily by following this provision.

Therefore, proceed accordingly and adhere to the terms outlined in the contract, appointment letter, or HR policy.