What Should You Do When Your Resignation Isn't Accepted by Your Employer?

Handling Unaccepted Resignation

If your resignation is not accepted by the organization and your resignation emails are not replied to by the Manager, HR, Admin, MD, etc., what should an employee do in that case?

Regards,
Suffering Employee

Please provide full details of your problem, such as why you decided to resign and what is currently happening with you.

Thank you.

Dear Amit,

I have resigned as I have family issues, and I am currently staying in Mumbai. My family is in Punjab, so I have to go there as my family needs me. I have not signed any bond, and I resigned 17 days ago, but I have not received any response to my resignation. They have not communicated anything officially, and I am under stress and feeling very tense. I am unsure about what to do and what not to do.

Regards,
Kapil

You really need to take them into your confidence and have a face-to-face meeting so that they can discuss their viewpoint regarding your resignation.

Regards,
MK

Dear MK,

I had words with them as they are stating either to serve 3 months of notice or go without an exp letter. Please suggest further processing as I can serve only one month of notice, and they also have an exit interview policy in which we can buy out the remaining 2 months. However, I am not getting any outcome. Please suggest any measures so that I may get relieved ASAP.

Regards, Kapil

Dear Mr. Kapil,

The experience through which you are going is also experienced by many others like you. In such cases, you have to explain to your future employer the status of your relieving. You should provide all hard copies of the mail and resignation letter to them. Additionally, as a priority, send a hard copy of your resignation letter by registered post.

As per general practice and on the grounds of humanity, your present employer should release you after one month's notice and pay for the remaining two months. However, my suggestion to you is to be relieved without the experience certificate if the prospective employer agrees; if not, discuss the situation with them.

In my past company, a similar situation occurred, and an employee left without obtaining an experience certificate.

Please consider this carefully.

Mangesh Wakodkar

Dear Mangesh,

Thank you for your suggestions. However, I believe that these days emails also serve as proof that we have resigned. I am already in discussions with them, but they have only responded verbally. They are not replying to either of my emails, stating that "You have to serve your 3 months' notice period, and it will be calculated from the day you submitted your resignation. If you need to be relieved before the 3 months, the company reserves the right to withhold your experience and relieving letters."

Please advise if it is legally within their sole right to withhold anybody's experience and relieving letter even if I opt for a buyout. They also mentioned that the buyout option is available if approved by my manager. However, they are instructing the manager not to approve it due to internal politics. Despite explaining my family issues, they are not cooperating with me.

Regards,
Kapil

Dear Kapil,

Kindly shed light on the appointment letter. Have they mentioned that the notice period is 03 months? Additionally, most companies clearly state in the appointment letter that the buy-in of the notice period is at the discretion of the management. In such a case, the employer has the right to require a 03-month notice period if it is specified in the appointment letter.

In my opinion, it is better to be properly relieved rather than pursuing legal action. I hope you can convey to the management the true reasons behind your resignation and persuade them to release you as soon as possible. It is always preferable to part ways with a company on good terms.

Regards,
Sunil

Dear Sunil,

Thanks for the advice. I am not going legally, but the thing is I should also get what I have served. Regarding the 3 months' notice, they will not be giving any single penny to me as there is a clause in their HR policy that the payments will be stopped from the date of resignation until 90 days from the date of resignation.

Now, they are saying I will be relieved early, but the company reserves the right not to issue a relieving & experience letter to me. How much right is it? What can be the next thing requested to them so that I can be relieved ASAP with a relieving letter within one month? I should also be given an option to buy out the remaining 2 months, which I don't want to serve due to personal/family issues.

Regards,
Kapil

Here are a few action points for you:

1. Send a copy of your resignation to your personal email. Also, copy your personal email ID in every communication related to your resignation and NP discussion.

2. Send another email mentioning that you can serve only one month's notice period, and for the remaining period, you will buy it.

3. If they do not respond, just stop going to the office after 30 days. They cannot abscond you as you would have already resigned. They will have to relieve you and provide other necessary documents as well because legally you would not be at fault.

Thanks! Adarsh 9618903000

Dear Adarsh,

I have already completed step 1 and am also planning to proceed with step 2. Regarding step 3, I currently reside in Mumbai and will be traveling to Punjab. If I leave without the Experience letter/Relieving letter, I may not be accommodated elsewhere without these documents. In the future, these two documents are crucial, and I cannot risk returning to Mumbai solely for them, especially since they are currently unresponsive to my emails. There is no guarantee that they will respond and issue me the necessary documents when I return.

Regards,
Kapil

[QUOTE=kapilbains;1572141]

Dear,

If they are not responding, then you must serve only a 1-month notice period which starts from the day when you give resignation. You must email them the date when you want to leave the organization as per your 1-month notice period.

The same thing happened in my organization.

Thanks & Regards,

Shraddha

Dear Shraddha,

That is okay, but what about the relieving letter/experience letter? They are stating that if I don't serve for 3 months, they have the sole rights to reserve not to issue me the required documents. Also, these things are not mentioned anywhere in the HR policy sheet or in the offer letter which I received from my organization.

Regards,
Kapil

Hello Kapil,

Since your employer seems to be so adamant and insisting about the 3-month notice period, there does seem to be another possibility - that they don't believe you when you quote 'personal/family reasons' for the resignation. Usually no company, unless they have this sort of practice as a 'generic pattern' with all or most employees, wants to hold back someone who resigns unless there's some knowledge transfer pending or any official issues exist, or they just don't want to lose the person. Every HR person knows that once a person resigns, there is very little possibility of sustained interest in the job - better to let him/her go than to carry them along and affect others in the company.

If the reason given by you is indeed true, then you should have shared a few details about the 'personal/family' issues with them - did you do that? Did you at least share 'informally/unofficially' with your boss or colleagues? Please clarify/confirm. A lot could depend on your 'body language' during that process, which could be the cause of the present situation.

Regards,
TS

I have informed them formally and informally; however, they are still saying the company holds the sole right not to issue the relieving letter or experience letter to me as no such clause is mentioned in my offer letter or the HR policy sheet.

Regards,
Kapil

Hi Kapil,

I have gone through a similar experience. A few things that could happen are as follows: if you do not serve your notice period, the company can label you as absconding or include negative remarks in your reference check. This could resurface during background verifications, requiring you to often explain to your new employer that it wasn't your fault and request them to honor your joining. If you are fortunate, you may secure the joining; if not, you might have to explore opportunities elsewhere.

Conversely, if you leave after serving a one-month notice, the company might provide you with a relieving letter and a service letter, possibly containing negative comments such as absconding or not completing the full notice period. You will have to continually clarify through your communication, like emails, that you did not act improperly.

The best approach is to persistently request a proper exit process from your current employer. Even if it means pleading for it, it is crucial for your future. Let go of any resentment towards the management. Additionally, try to keep your potential employer waiting for as long as possible; they can usually accommodate if you keep them informed. Leaving without serving the notice period should be considered as a last resort.

Best of luck!

Thank you, buddy!

I am really thankful for the suggestions given by you. I will ponder upon the suggestions provided by you. I hope my management may agree to my request. If they remain strict in their decision, could it be an option that I may send them a notice reminding them about my rights as per the clauses mentioned in their HR policies as well as in their offer letter.

As they discuss the company's rights over the employee, after being rejected numerous times, the employee can also assert their rights as per the law to the company.

Regards,
Kapil

Hi,

I believe it is best to walk up to the HR SPOC and talk face-to-face. Accept no excuses and urge them to make a decision. As a part of HR, I understand they may not have the time to see and respond to many emails. However, it is in your best interest to address them directly rather than waiting and pressuring yourself.

Have you just sent an email and are waiting for their response? Or have you actually walked up to one of the HR department employees and spoken to them? Kindly clarify this first.

Regards, Avani Bhatnagar Manager - Training and HR.

Dear Avani,

As I am at the client location in Mumbai and my HR is in Bangalore HO, it is not feasible for me to step into the HR department directly. Moreover, the company is a consultancy firm that works at client locations and provides support for different products. It has 3 MDs who are managing and working with us on various projects. I have also been in talks with my MD as well as my manager. The MD, who is also heading the product I am supporting, has mentioned that he can manage without me after I shared my family issue with him. However, my manager has not approved nor responded to my emails regarding resignation. Only today, I received a reply after stating that I am a loyal employee who works regardless of the number of hours and time of day. My manager mentioned that it was communicated from day one that all operations team members must be available 24/7 to address any raised issues.

I have inquired with our HR about the possibility of being relieved before the 3-month notice period. The response was that the company reserves the right not to issue experience and relieving letters if an early release is requested.

Please advise on the justification of these actions as I am feeling very distressed due to what I perceive as mistreatment during my separation from the organization, despite presenting options for buyout as per company policy. They are unwilling to release me. Kindly offer some guidance on my situation.

Regards,
Kapil

My dear Kapil, Normally, a 30-day notice period has to be given, or one month's pay in lieu of that has to be surrendered, and whatever leave is balance is adjusted in the notice period. You can meet directly with HR to sort out the issue.

Thank you.
NT

Dear Kapil,

The solution to your problem is to write a letter (handwritten or typed but a hard copy) to the manager saying:

Dear Sir,

It was a nice working experience with you, but due to some inevitable circumstances, I have to be with my family as they need me badly. I have resigned via my email dated ________ (copy attached). I am serving my notice period and have already served _________ months' notice period. I have not received any response regarding my resignation. Please accept my resignation and relieve me from my duties on or before _____________ with the relieving letter. Also, issue me an experience letter for the period served with the Management. I request you to waive off the remaining required notice period of __________ (shortfall of the time of the notice period) as per the appointment letter on humanitarian grounds. I shall be ever grateful for this. Hoping for a favorable response.

Kapil

Emp Code

Send this letter to the management through Registered Post, keeping its proof of posting safe with you. If you still do not receive any response from the management, send a copy of this letter to the Local Labor office and request their intervention. Hopefully, you will receive the required documents soon.

Hi,

An employee can terminate/resign employment at any stage with proper redressal of problems and notice period as mentioned in the agreement.

An organization has the right to take time to analyze the impact and scrutinize the reasons mentioned in the resignation to keep the organization's interests. More than the nature of the job and profile handling, it does have a major role to play. I would prefer to engage with my immediate boss, gain confidence, and ask for acceptance of the resignation letter from the company.

Regards,

Mohammed Azeez

Thanks all, for the useful suggestions. I am trying my level best to convince them and get my documents by my last day. Please, all wish me luck. I think I have served honestly and should get the work done certificate from my organization.

Regards,
Kapil

Hi Kapil,

You must have mentioned your last working day (LWD) in your resignation email. If yes, please forward that email to your current employer with whom you are going to be associated. Also, after joining there, please sign an undertaking with them stating that you have left your previous organization w.e.f. your LWD there. If not, then please write another email to your present employer stating your LWD with them and forward that to your proposed employer.

Regards,
Mayank

Well, I have been continuously asking them for the same. Can they terminate my services based on the same remark? How much fault is mine, as I have already stated that I am having family issues and my family wants my presence? Despite this fact, can they do so? Can I be forced to work for three months without any salary?