Can My Manager Force Me to Stay Beyond My Notice Period? Seeking Advice on Next Steps

Hello All, I have this situation where my manager is not accepting my resignation in the portal. My last working day is tomorrow, and I have sent him several reminders to accept it so that I can start my clearance process.

My notice period was 3 months, but there was an issue for which I had sought HR's suggestion, and 5th August was confirmed as my last working day officially. He has sent me an official email stating that 5th August will be my last working day, but the same is pending in the portal.

I have reported this to the Head of HR, and they have assured me that they will look into the matter and inform the Manager. My manager's behavior is outrageous, and he hasn't been communicating professionally with me since I tendered my resignation.

Can a Reputed Company Make Anyone Stay Beyond the Notice Period?

I am afraid he will. I may need to take this to legal action if needed. Please help me.

Thank you for the response. The HR is aware of this, as I was released early in one month. My manager officially sent me an email stating that the 5th is my last working day. The same should be approved in the portal, but he's not doing it in my case.

My worry is: can this person plot something and ask me to stay beyond August 5th? The Head of HR has agreed to look into it.

Thank you. How can I ask HR for help when my manager is unavailable and unresponsive? I need HR's assistance to ensure my manager's approval. Tomorrow, I have to complete all the clearances.

I need your advice on what needs to be done. I have been officially informed that 5th August is my last working day. However, this has not been accepted in the portal by my manager until now. My HR said she had written an email to him, but there has been no response. How can I legally proceed? I am here for some opinions. Please help me as I feel helpless.

Legal Rights and Management Challenges

Legally, you are on the right foot, and your manager knows it. He is either indecisive or wants to put you under some tension for whatever reason.

My suggestion is, do not overreact. Remember, you have been abiding by your service conditions, and finally, he will have to relent; otherwise, you can take recourse to the law, where you could file a charge of harassment as well as mental agony.

Keep your documents properly, remain cool, and wait until the 5th... As a worst-case scenario, you might need some time for clearances. To overcome that, tell HR to circulate a memo to all departments stating that you have submitted your resignation and might be leaving by the 5th, subject to approval, and that they should inform you if anything is outstanding. If HR doesn't do so, write directly. Make sure it is in written form, not email.

In addition, write a polite email to your boss stating that as per the conditions of engagement and earlier intimations, you may be leaving on the 5th of August, and that he should...

Regards

Thank you very much for the clear explanation. This has put me at ease. I'll meet with HR first thing tomorrow at 9 AM. However, someone not approving until the last day is not acceptable for anyone. I have been polite every time, but because of this, I really got worried and wanted legal advice from you. Thank you very much. I hope he doesn't ask me to stay beyond 5; otherwise, I don't know whom to approach on this.

I am waiting here in the office. I have done exactly as you asked me to.

1. Send an email to my manager again to approve.
2. Send an email to my HR business partner to look into the matter legally (I had informed her yesterday, but there was no response).
3. Send an email to the HR department to circulate a memo to help clear any outstanding issues.

It's been two hours, and no one is responding. What should I do? Can anyone please suggest a solution for this matter? I am tense about whether this situation could create a problem for me. Please help.

Regards

I advise you to meet up with your HR personally and tell him/her that, as per HR's reply to you to relieve you by the 5th, you will consider that your resignation is being accepted as there is no reply from your boss. Relax! HR will take care of your exit formalities as per their commitment. Keep your documents as proof of the acceptance of resignation. Since you mentioned that HR has circulated the memo, they will take care of your severance.

Review Your Employment Contract

Please review your contract of employment to ensure compliance with the required notice period. Your boss does not necessarily have to sign an acceptance of your resignation. It is advisable to send a copy of the resignation letter to HR and either hand over any materials or retain them until requested. Someone from the company will likely retrieve them at a later time.

If the company continues to pay you after you leave, set aside all funds received and return them when requested, or arrange for a repayment plan.

Dear Hammerfall, you can send a message through the portal, your private email ID, and also through a registered or speed post letter to the management. In the message, state that as per your email dated ..., the resignation is considered accepted by the management from the afternoon of the 5th of August. Request them to provide written communication regarding the date when the official charge will be handed over and to whom.

Handling Resignation and Relieving Letter Issues

Hope you have a copy of the resignation letter mailed to the HR Department and your reporting manager. Just inform the company you are joining that they are not allowing you a relieving letter, and you have already served them the notice period of 3 months. If the HR Department in your new company says they have no such issues, then you can decide whether to continue there or stop coming to work once the notice period is finished.

Regards,
Derek Gomes

Manager's Delay in Resignation Acceptance

The HR is aware of this, as I was released early in one month. My manager officially sent me an email saying the 5th is my last working day. The same should be approved in the portal, but he's not doing it in my case.

You should check with the HR head and try to be relieved soon by taking that email as acknowledgment. Legally, you have all rights to be relieved from your organization.

Regards

Thank you, everyone, for giving me suggestions and advice. I did just like what you guys suggested and was released on time. The approval was done at 4 PM in the evening. As I had intimated all the departments prior, the formalities were completed in 2 hours. Like someone said here, the worst thing that can happen to me is getting a clearance delay; however, this did not impact much since I had involved my HR business partner. She, in turn, helped me get approval from my manager (who was so reluctant to approve even on the last day).

I want to thank each and every individual here who contributed. Appreciate everyone's help.

Cheers :)