How Can My Friend Ensure a Smooth Exit When His Resignation Isn't Accepted Yet?

Hi all,

Dear all HR people, I urgently need your valuable suggestions. My friend submitted his resignation 50 days ago and hasn't received acceptance yet. It seems his employer's intention is to delay it, either to retain him or cause maximum damage to the employee. How can he handle the employer and ensure a smooth exit? His future employer requires proof of resignation.

Time is running out, so please post your replies ASAP.

Regards,
Yash

Hi Madhuri,

Thank you for the suggestion. My friend's boss wants him to serve his full 6 months' notice period and take his acceptance letter at the end of it. However, his future employer is requesting him to join within a 3-month notice period. Should he lose this opportunity and search for a new job? Even then, will he be relieved at the end of 6 months if the current employer doesn't find a replacement for him?

Regards,
Yash

Hi Yash, see the first thing you need to check with youreself why you wanna change and is there any clause in your employment contract that you need to serve six months notice before resign. If no, you dont need to do so but if yes then you have to.
Second you need to talk to your immediate boss with your genuine reason to leave the organization and before that you need to ask yourself why you are leaving this current job. Yes it is obvious that you'd lose this new job opportunity and now all the thing is on your contract. But I can help you in that more if you'll let me know you actual situation and the genuine reasons and what your employers are saying and why they are not relieving you. You can also contact thru my personal email if you want.

Hi Yash,

As it is a contract that the person had signed by accepting the offer to serve a notice period of 6 months, that person has to serve. But some organizations do have the policy of negotiation, i.e., a buyout option. It depends on the employee if he wants to opt for that option.

Besides this, the very important thing that reflects to me is the "acceptance of the resignation." As the employee had put down his papers, the employer can retain him by different ways. But he cannot decline his resignation in case if he is not a part of a critical project.

The person had already put down his papers, and the employer is supposed to accept the resignation and should ask the employee to serve the complete notice period of 6 months if they really want that employee to serve. Serving a notice period of 6 months is one of the retaining strategies. Declining the resignation isn't.

I request the seniors to throw some light on this topic. And please correct me if I'm mistaken to guide you over this issue.

Regards, Shantanu.K.J.

Hi Anil,

Thank you for the response. My friend's employment contract says either serve the notice period or buy it back. He really needs this change. His immediate boss is his relieving authority, and he has discussed his situation with him. His boss is saying, "We need to get a backup for you, then after handing over, you are free to go," but what's stopping them from giving an acceptance letter? So the real scenario is, "You stay for 6 months, then we'll see."

Regards,
Yash

Hi Shantanu,

You are correct; the employer wants to retain the employee at least for the notice period. The problem here is, now what's the proof that he has resigned two months back, as his resignation letter is handed over to his boss. Will he really get relieved at the end of six months? Should he give up this new job because he couldn't have his acceptance letter?

The projects he is involved in will get over in a month. The employer is worried about the future projects.

Regards,
Yash

Hi Yash,

The future employer wants a proof of resignation. Your friend can do this in the following ways:

A) Resign by mail and mark a BCC to the future employer. They can put the last working date in the resignation letter.

B) Resign through Registered post and show the receipt, or resign via mail as mentioned above and collect the read receipt.

C) Resign on Medical grounds.

Note: This is to satisfy the future employer that the person has resigned and is no longer in the employment of the company (to avoid the dual employment legal hassles). Your friend might not get the resignation acceptance and the relieving/experience letter.

Or send an SMS from your registered mobile saying, "As per my last resignation letter submitted on ..., please release me as soon as possible and clear all my dues."

Hi Yesh,

While reading, I assumed that a resignation must be submitted by email. Whatever the case may be, the mere submission of a resignation letter does not imply its acceptance. Many of us know that the acceptance of a resignation is a process in which the HR or designated authority accepts the resignation application; otherwise, it cannot be considered.

Besides, having a 6-month notice period is a very rare practice. I don't know which organization follows this!!! Still, it should be mentioned in the offer or appointment letter itself.

Options: Your friend should raise his voice. He should ask his manager. If that doesn't work, he can escalate to the skip-level manager or the manager's manager. He can also go and discuss with the directors. Applying common sense and taking action will benefit him greatly instead of being a spectator in this situation. At the same time, he can inform the company from which he received the offer. Addressing issues promptly is important, as delays can sometimes be attributed to the employee and may have negative consequences. As a last resort, he can discuss with the company that made the offer; they may be willing to buy out the notice period if they are in a position to do so.

Regards,
Rahul

Poor chap, the six-month notice period requirement is a thoroughly unheard-of thing. The issues before him are:

First, whether he is a person who fights. If yes, then he can go to court against his current employer. While doing so, he has to keep in mind how this move will be perceived at his new place; they may form negative opinions about him. Therefore, he should discuss the issue of litigation beforehand and proceed carefully.

Otherwise, if he is a meek and submissive kind of person, frequent correspondence with his current employer for acceptance of resignation and later providing copies of those correspondences to his new employer may help. He may also talk to the top bosses in his current company (I presume it must be some small-time establishment) to find a way out.

One has to help oneself; that's the only way out. On forums like these, people can only offer suggestions. Those who face such situations are the only ones who truly understand what it entails.

Dear Yeas,

First, review your terms of employment to understand what they say about the notice period for either party. An employer cannot compel employees to stay beyond the notice period. If you are under the notice period and wish to be relieved, but your employer is not doing so, you can take action. Send your resignation via speed post and also through UPC, specifying the relieving date. Request your full and final settlement as well.

Thanks & Regards

Hi Everyone,

Thank you to all of you who have replied and given suggestions. My friend has decided to knock on all the doors of his company before sending the resignation by registered post, as suggested by many. Some non-IT firms have a 6-month notice period when the employee reaches a managerial level, but many will accept the buyout option, which is not happening for him. I will let you all know if there are any improvements.

Thanks and Regards,
Yash

Yash, thanks for your update. It is a learning opportunity for all HRs to stop such practices in their organizations by convincing the authorities. Persistent efforts would be required. 

Regards,
Rahul

Hi everyone,

My friend's future employer has agreed to the submission of an acceptance letter at the time of joining and for the buyout as well. I just want to know one thing: Can the HR of his current employer be of any help to him in getting the letter? Or is it in the hands of the superior only? My friend has not yet approached his HR as his superior does not want him to do that.

Need your suggestions.

Thanks and Regards,
Yash

Hi Yash,

The person who had resigned might have marked a CC/BCC to his/her own email address. This is the usual practice that everybody does. In case the person has handed over a hard copy, then he is supposed to take the acknowledgment of submitting the hardcopy, though it is not required. That acknowledgment will be considered as just the submission of resignation.

The employer is supposed to relieve the employee after the successful completion of the notice period. But the notice period clock starts on acceptance of resignation. So, the priority for your friend would be to have the resignation acceptance first. Unless he gets his resignation acceptance, he will not be able to proceed against the protocols.

Some organizations have the policy of issuing the relieving letter after a specific period of time, i.e., 30 days/45 days/60 days after serving the notice period. They do execute this policy fairly. In such cases, the future employer does consider the resignation acceptance and asks the employee to join according to the date mentioned in the offer letter.

I request our seniors to correct me if I'm mistaken in guiding you on this issue.

Regards, Shantanu K.J.

Of course, yes. In fact, while resigning, HR should be in the loop. I thought HR is in the loop for all communications.