Stuck in Resignation Limbo: How Should I Handle HR's Silence on My Notice Period?

I am sure that this query would seem like many others in the forum; however, even though I tried, I could not find an issue the same as mine. Hence, please advise. I have resigned, giving an appropriate notice period due to health reasons with supporting documents. It has been over 15 days since my resignation; however, I have not received acceptance or any other written communication from HR or my Manager. HR has been verbally saying that she has sent the documents to the Doctor and is waiting for a response.

Company Policy on Notice Period

However, the following is an extract from the company's employee handbook. Can you please read it and let me know if I should push it further, e.g., saying to seek court's doors if they do not relieve me within the notice period?

"The Notice period tenure of all employees, across all levels, has been revised to 90 days. Payment of salary in lieu of the same is at the discretion of the Company. An employee must provide a written resignation letter to his/her manager. If the resignation letter is accepted, the employee is expected to fill up the separation form. In either case, the employee is expected not to take any leave during the effective notice period. During the notice period, employees shall continue to discharge their responsibilities and attend the office as usual. However, when an employee gives notice of resignation, the company is entitled to accept it with immediate effect or from any date before the expiry of the notice if it may desire so, due to business reasons."

Seeking Legal Advice

All I want to know about the above statement is that it seems to be one-sided. Is it lawfully rightful on the company's behalf to say so?

What action should I take in this situation as nobody is replying and my manager has not logged my retiral form as yet? He is still waiting for HR to come back. I gave one month's notice and have 15 more days left before my last day. Should I send an email to HR for escalating the issue, or if I seek court's help in this matter, would it be settled on an immediate basis?

If you go to court, it also takes time; hence, it is better to approach the local Assistant Labour Commissioner and request his support.

Regards,
Kamesh

Thank you for your prompt response. The appraisal letter only states that the "notice period has been changed to 3 months, and the rest of the policies follow the Employee Handbook." I don't really want to go to court; however, your answer satisfies my query.

Another Question

I just visited HR, and he said that I should apply for a few days of holidays after the completion of the notice period, which I am not going to do. How does it work according to the law? Can't either of the parties choose to provide notice, or is it in the company's hands to accept or reject a resignation?

You just need to follow up with your HR calmly to clear your dues and obtain your F&F certificate. Communicate with them through speed post or registered mail so that you have proof for the future.

With regards,
Kavita Kapoor

Dear seniors, I resigned from my previous company in August 2011, providing a one-month notice of resignation through a PL Leave application. However, to date, the management has not taken any action and has not accepted my resignation. My name is still on the company roll, and the management refuses to sign the PF withdrawal forms and settle my full and final dues. In this connection, the Sr. Manager (Admin.) informed me that giving a resignation notice via a PL Leave application is not authenticated. Please help me and provide advice regarding my issue urgently. Isn't giving a resignation notice via a PL application authenticated? Please reply soon. Regards

You resigned 15 days ago. You must provide a notice period or pay 3 months' salary in lieu of the notice period. According to your company's manual, the notice period is 90 days. You are required to give your management that amount of time. Once the notice period concludes, if your management has not accepted your resignation or relieved you of your duties, you have the right to leave the company (consider it that the management has released you from service) as long as you have adhered to the 90-day notice period.

If you have a good relationship with your HR and management, politely approach them with a request. Explain your circumstances and the reasons you have to leave the company and request to be relieved.

Avoid resorting to legal action or involving the labor department. The management is in a strong position legally, and you may end up on the losing side.

I hope you comprehend the seriousness of the situation.

Regards,
G.K. Manjunath, Sr. Manager-HR

Thank you for your reply, G.K. I appreciate your consideration of my query and suggestion. Following is a copy of my resignation. After spending over 3 years in the company, I am really not interested in spoiling my relations with management and HR. My replacement is already in the process, and this could easily be a smooth transition. In fact, just a month back, half of our process had been rolled back, and at that time, the same HR gave everyone a 2-day notice period, asking them to resign immediately and be relieved. What is currently disturbing me is that the company has different rules for themselves compared to the employees.

To be polite, I am visiting HR every 2nd day as he says, "I couldn't make it yet, give me some time, I will come back to you." I cannot afford my medication here in the city and must go back to my hometown. I don't have much time to waste around here, and they are more interested in setting examples that no matter what happens, we will not relieve anybody before 3 months.

Resignation

"I have been experiencing pain in my right hand fingers, elbow, and left knee for the last six months and have been taking painkillers to alleviate it. After the conditions worsened, I underwent preliminary medical tests and clinical diagnosis of Arthritis. I began medication for the same in August 2011. Even after following the doctor's advice for two months (avoiding strenuous activities like long drives, bike riding, or carrying weight), the symptoms did not improve and even extended to my left elbow and hand, becoming numb.

Further medical examinations confirmed my deteriorating condition. As per my medical doctor's advice, I should discontinue any strenuous work immediately, including driving, riding a bike, typing, sitting for prolonged periods, or carrying heavy objects.

My mother has been experiencing similar symptoms in her left leg, leading to its shrinking. Considering these circumstances and the continuous suffering and mental anguish affecting my family, including my young 5-year-old child, I have decided that neither I nor my family are willing to take any more risks.

Although I wished to continue my current job with enthusiasm, given the above conditions, neither I nor my family are prepared to take any more risks.

Recognizing my responsibility to mitigate any adverse effects of my immediate departure, I have chosen to spend a justifiable amount of time in the process of training a new resource or assisting an existing one to stabilize. Therefore, I will remain with the company for another month, with my last day being 08/12/2011.

I kindly request your understanding of the situation and acceptance of my request for timely relieving from my responsibilities.

Thank you.

Dear Billa, if this is the reason you should not have served the notice period. I am sure if you talk to your HR, they will surely accept the resignation. If they are not responding, please escalate the issue. This is a question of your health and life. Hope everything will be okay, and take care.

You have given the notice period as per the employee service conditions with the company. It is up to the company to consider it and give a reply. In these conditions, generally, the company waits until the last moment. If you are firm in your decision and stand by it, then go to the senior on the last day and hand over all the things you are holding. This action will help you to receive your full and final dues.

Regards,
Inderjit Singh Ubhi

I am resigning from the company during my probation period. In the appointment letter, there is a clause stating that the termination notice is 24 hours during the probation period, and a separate clause specifies a 60-day written notice period. Please help me determine which notice period I should consider. Please advise me on what to do if I want to leave within 4 days.

Regards,

If in your appraisal letter it is mentioned that the notice period has been revised to 90 days and you have given your acceptance of the same, then you are bound to serve a notice period of 90 days. It is solely at the company's discretion to accept the salary in lieu of that or to understand your situation and relieve you early. Few companies give an acceptance letter immediately after receiving a resignation, and a few give a relieving cum acceptance at the end. But as you need clarity regarding your acceptance, you should send a reminder again. As per me, going to the labor court would not help you as the company is in a stronger position.

Regards,
Priyanka Ojha

Instead of approaching the court or the labor commissioner, could you kindly forward the query to the HR department once again, asking for the decision and also referencing the previous communication? I hope this approach will yield better results.

Thanks & Regards,

Sumit Kumar Saxena
[Phone Number Removed For Privacy Reasons]

Dear seniors, I resigned from my previous company in August 2011, providing a one-month notice of resignation by submitting a PL Leave application. However, to date, the management has not taken any action and has not accepted my resignation. My name remains on the company roll, and the management refuses to sign the PF withdrawal forms and settle my full and final dues. In this connection, the Sr. Manager (Admin.) informed me that submitting a resignation notice with a PL leave application is not valid. Please help me and provide advice regarding my issue urgently.

Isn't giving a resignation notice with a PL application valid? Please reply soon.

You cannot use your PL as a notice period, but nobody can hold your Provident Fund contribution because it is yours and will remain yours. Holding a PF contribution is illegal.

Dear Siba Mishra,

You have resigned from the company with proper notice. As far as PL (Privilege Leave) is concerned, it is a legal obligation that the PL application should be authenticated, and the absenteeism during that period should be adjusted with leave if an application is submitted; no one can reject the same.

EPF Withdrawal Process

Regarding the signature on the EPF (Employees' Provident Fund) withdrawal form, if the establishment refuses to do so, you may approach the concerned EPF office to register a complaint. They will send their official, and the law will take its own course.

Lastly, visit my various posts on EPF in the citehr forum; you will definitely get help from the same.

Regards,
Sumit Kumar Saxena
[Phone Number Removed For Privacy Reasons]

Thanks a lot for your reply, G.K. I appreciate your consideration of my query and suggestion. Following is a copy of my resignation. After spending 3+ years in the company, I am really not interested in spoiling my relations with management and HR. My replacement is already available in the process, and this could easily be a smooth transition. In fact, just a month back, half of our process had gone back, and at that time the same HR gave everyone a 2-day notice period, asking them to resign on an immediate basis and relieved them. All that is disturbing me now is that the company has different rules for themselves and the employee.

To be polite, I am visiting the HR every 2nd day as he says, "I couldn't make it till yet, give me some time, I will come back to you." I cannot afford my medication here in the city and must go back to my hometown. I don't have much time to waste around here, and they are rather interested in setting examples that no matter what happens, we will not relieve anybody before 3 months.

Resignation

"I have been having pains in my right hand fingers, elbow, and left knee for the last six months and used to take painkillers to subside it. After worsening conditions, I went through preliminary medical tests and clinical diagnosis of Arthritis. I started off with medicines for the same in the Month of August 2011. Even after taking the medicines and necessary precautions (avoiding long drives, riding a bike, or carrying weight) as advised by the Doctor for two months, the symptomatic conditions did not change and further increased to the left elbow and hand getting numb too.

Hence, I had to undergo further medical and clinical diagnosis that have proved my conditions getting even worse. As advised by my medical Doctor, I should discontinue any work straining in nature that includes activities like driving, riding a bike, typing, sitting for a prolonged period, or even carrying a baby or baggage on an immediate basis.

My mother had been facing similar symptoms in her left leg that have further led to the shrinking of the same. After all these situations and similar symptoms, my whole family has been suffering from continuous agony and mental pain that is even disturbing my young 5-year-old kid.

Though I wished to continue with my current job with all my delight, however, considering the above conditions, neither I nor my family is ready to take any risk on this part anymore.

Considering the time I have spent in the organization and understanding my responsibility to apprehend any adverse effect of my immediate walkout from my job, I have decided to spend a considerably justified time in the process to train a resource or to ease the existing resource to get stable. Hence, I will be staying with the company for another month, and my last day in the organization will be 08/12/2011.

I would request you to understand the whole situation and accept my plea to arrange for my timely relieving from my responsibilities. Thanks.

Dear Member,

Acceptance of resignation and notice period is based solely upon management discretion. You never knock the door of the court. If you are really not fit medically to work, on this ground, you should support the resignation with a medical certificate. Your notice period may be extended by the management on the physical ground. Kavita Kapoor is right here. Keep the evidence of your communication and calmly and gently convince the HRD.

Regards,
Mangesh Wakodkar