Stuck in a Job: What Can You Do When Your Resignation Isn't Accepted?

Facing a Critical Situation in Resignation Process

My friend is facing a very critical situation. He has been working in an Indian IT company for the last 3 years. He has done good work in the company, and the company is getting good revenue from clients because of him. Now, he has received a good offer from another employer. He had sent an email to the manager and the head of HR on 12.12.11 stating, "As per the offer letter, my notice period is 2 months."

Even though he sent the resignation email on 12.12.11, the management is now saying that the notice period will start from the date they accept the resignation. He has not received any confirmation regarding the acceptance of his resignation. Despite continuously sending emails asking for the relieving date, he has not received any replies. His manager only replies on the phone and not via email. Although his manager is willing to relieve him, the top management is not ready to approve his relieving.

In this situation, he just wants to know what he can do if the management does not accept his resignation and how he can leave the company. Can he take legal action against this situation? If so, how?

When a person is asking for relief from the services of the company according to the offer letter, the management has to relieve the person accordingly. You may send a reply to the management as follows:

Resignation Request

Sir,

I was appointed in your company on [date], and I have served the company for the past [number] years. For my own personal reasons, I wish to resign from the services of the company. According to the offer letter issued to me, vide letter reference number [ref no] dated [date], a two-month notice period has to be served. I tendered my resignation on [date] and requested to be relieved from the services of the company on [date]. There has been no confirmation from the company, and the HR in charge is only sending SMS and has not responded to my letter.

Please note that according to my resignation letter, I must be relieved from the services of the company on [date]. Please send me the relieving letter, or otherwise, I have the option to get myself relieved with effect from [date].

I have served this company for [number] years and earned a good name. I hope the company will respond promptly and relieve me immediately after the two-month period.

Thank you.

Kind regards,
[Your Name]

Notice of Resignation

I understand that as per the terms of the appointment, an employee has to give two months' notice of their intention to resign from the service. Thus, the period of notice commences from the date of the letter of resignation or at least from the date of receipt of such a letter by the employer, but not from the date of acceptance of resignation.

It is to be understood that the right to resign from service corresponds to the right to terminate the services of an employee with two months' notice by the employer. Now, the question is if the employer does not accept the resignation, whether the employee should continue to work with the company even after the expiry of the notice period or shall they be deemed to be relieved automatically on the expiry of the notice period.

When the two rights are corresponding, conversely, is the employer bound to continue an employee who refuses to leave the company on the expiry of a two-month notice of termination served on them by the employer? Any such restrictive practices on the part of the employee will be violative of the Indian Contract Act and Art. 19 of the Constitution.

Regards,
B. Saikumar

HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd.
Mumbai.

Drafting an Email to Your Reporting Manager and HR Head

Write an email to your Reporting Manager and HR Head, stating that you have served for 4 years in the company and earned a good reputation. You have adhered to the notice period as per the Appointment Letter. As an employee, you have the right to inquire why the management is unwilling to release you from the company and is not accepting your resignation. If possible, retain the messages sent by your Reporting Manager as they may be helpful moving forward.

Regards,
Rubi Pattnaik

You will need to speak to the HR department in your new company and take their advice. Tell them what your current HR/manager is saying, as it amounts to harassment. Check with them if they are willing to accept you without a relieving letter at the end of your notice period.

I am facing an issue regarding my resignation and my relieving letter. I have served one consultancy for 7 months, and it was my first job. I have just received an offer from another company, and they have asked me to join immediately. Hence, I cannot serve the one month's notice period at my last organization. I had worked for 15 days prior to receiving my offer, and my manager wants me to pay back the salary for those 15 days since I am not serving the notice period. He is not accepting my resignation nor providing me with the relieving letter.

Can anyone help me with this, please?

Thanks,
Umika Wagh

How to Get a Relieving Letter

If serving a one-month notice of resignation is one of the terms of employment in your appointment letter or company rules, there is no option but to serve the remaining 15 days in your old company or pay them 15 days' salary in lieu thereof. Alternatively, you can request your new company to grant you an additional 15 days to enable you to join them, and they may consider your request.

B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai

Request for Relieving Letter

In response to your query regarding obtaining a relieving letter, my perspective revolves around adhering to the terms of employment as outlined in written documentation.

Regards,
B. Saikumar

Background Checks and Relieving Letters

Whether someone does or does not conduct a background check, they will generally ask for a relieving letter. Furthermore, in the future, someone may call and ask the original company to conduct a background check, which may pose a problem.

On the other hand, a company that asks someone to join immediately without giving notice is not likely to bother with obtaining a relieving letter.