Stuck in a Notice Period Dilemma: Can My Employer Refuse My Resignation and What Are My Options?

Hi,

I am in a KPO and have worked here for the last 3 years in the HR team. Now, I want to move on, so I have submitted my resignation (via email) to the company. As per my appointment letter, my notice period is 2 months, but due to some constraints, I can only serve 22 days.

The current situation is that my HOD is not accepting my resignation and is insisting that I serve the complete notice period, which I am unable to do. I have sent a follow-up email clearly stating that I am willing to pay all my financial dues in lieu of the remaining notice period, but my HOD is still unwilling to accept.

According to our ISO 9001 process (separation process), if an employee is not willing to be retained, then the respective HOD/Manager should accept the resignation and proceed with the exit formalities such as handing over responsibilities and settling any pending dues. However, my HOD is not willing to follow this process.

I have all the verbal discussions documented in emails as evidence.

I have the following questions:
1) Can an organization deliberately refuse to accept a resignation letter?
2) In this situation, can they accuse me of absconding?
3) Will there be any negative impact on my career if I leave the organization after completing only 20 days of the notice period?
4) Can they take legal action against me in this scenario?

Please reply as I am seeking guidance from senior members on citeHR to assist me in this situation.

Hi Nipuna,

Before thinking anything negative, maybe the company is not letting you go without completing your notice period because you may be playing a crucial role there... though this is not the right way to retain employees, some companies or individuals feel that this approach can help in retention without realizing they are actually spoiling their reputation.

Anyways, coming to your queries now...

Yes, they can do that, but in this case, it looks like they are upset as you are not willing to complete the notice period.

Yes, they can label you as absconding and may not provide you with an experience and/or relieving letter.

Problems in your career could include:
- Not receiving a relieving letter, which may or may not affect your career.
- During reference or background checks, they might provide negative feedback, creating issues for you.

They can demand notice pay in lieu of the notice period through a legal notice.

Before you leave, if you have to, keep copies of all documents, your resignation letter, all exchanged emails between you and the concerned person, and so on.

Regards,

Hi Archana,

Thank you for the reply. As per your response, I have already stated in my resignation letter that I am prepared to pay the outstanding amount in lieu of my notice period. Can they pursue any other legal action besides requiring the notice amount?

Additionally, after sending my resignation letter via email, she ceased responding to emails. Therefore, I documented our phone conversations (as my HOD is in a different location) and emailed them. I have not received any response to my resignation letter. Will this suffice as proof that the resignation was properly communicated? I have also emailed her the handover of responsibilities.

Thank you.

Hi Nipuna,

If they are not responding by mail, then they are already working on the case. This is what most companies do for monetary benefits, or shall we say to harass employees. I really wish I could speak to such HR people or HODs in person. Anyways, just make sure that you drop a line stating that, "I'm not getting any written response from you," so I'm doing all the handing over formalities through emails in this manner. Also, just one piece of advice, do not leave companies in haste; it's not a good practice at all.

Regards,
Archna

Dear Nipuna,

If an employee wants to resign from the job, the employer cannot force them to withdraw and must allow them to be relieved as per the law. You have earned your bread and butter for three years. Your notice period is for 2 months, and HR plays a crucial role in ensuring things are handed over properly so that the company will be minimally affected.

The company wants to retain you, and they will be discussing this with you. This may be the reason for the lack of communication. Once a decision is made, the message will be passed on to you. In the corporate world, always keep your door open and maintain good relations, as no one knows what the future holds, and it may serve as a referral for you.

Discuss with them face to face and find a solution to this situation, as ultimately, they are also human beings.