Navigating Resignation Issues: Notice Period, Legal Implications, and Employee Rights

Dear Seniors,

I worked as an HR Executive in ------- Company. Recently, I received another offer better than this, so I want to resign from my current position. I have sent my resignation letter to my immediate superior and cc'd it to the MD and all other managers. When I joined, it was mentioned that I need to give a one-month notice period if I decide to leave. However, after my resignation, one of my superiors scolded me using unparliamentary language. This led me to decide to quit without serving the notice period. (Please note that the management is not aware of these issues.) I have now received an email from management:

Mr. xxxx,

Please refer to your email dated [insert date], addressed to Mr. [insert name], Dy. Manager, HR, containing your resignation for the position in this organization.

As part of the HR Department, you are aware that such emails should be directed to the Management and not the Dy. Manager, HR Dept., as he is not the head of the department or the decision-maker. Additionally, as an HR executive, you know that as per the organization's policy/service regulations, provision No.4.1 states that resignations should be notified to the management three months in advance in writing, specifying the probable date of relieving, among other details. In your case, you did not provide the required notice period or inform the management, except for copying them. Furthermore, you failed to hand over files and office belongings, especially during the crucial period of finalizing salaries.

Your action of solely sending the resignation to the Deputy Manager, HR Dept. is inappropriate, and your absence from duty without proper authorization is concerning. Without a written resignation to the management, your resignation is not accepted, and you are directed to return to work immediately. Failure to comply may result in legal action and other repercussions.

I have already handed over all files and documents under my control. My questions are:

1) Do they have the right to take legal action and advertise?
2) What should I do in this situation?
3) How should I respond to this email?

Notably, there is no bond involved.

I appreciate your valuable suggestions.

Thanks in advance.

Ask yourself: Were your actions justified in your personal standoff with the Dy Manager?

1) Do they have the right to pursue legal action and paper advertisement?
Ans: Yes.

2) What should I do in this situation?
Ans: What is ethically right!

3) In what way should I reply to this email?
Ans: Make up your mind on how you will resolve this issue. Then draft your response.

I'm surprised that as an HR executive, you have not fulfilled your duty. It's a sad presentation on your part. I hope you have realized your professional responsibility.

Thank you for your reply, Hussain, Sir.

At the time of joining, they said only a one-month notice period is there. But now they are asking for a three-month notice period (but within one month, I have to join my new job). Another thing, in my offer letter, they mentioned the reporting officer's name as Dy. Manager-HR. That's why I sent my resignation to him and marked a copy to the MD and all others.

I am ready to give a one-month notice period, but as I mentioned earlier, one of the managers scolded me in front of all the employees, used inappropriate language, and instructed me to hand over all the files. Following his instructions, I handed over all the files to my reporting officer. I feel embarrassed to go to the office. In my perception, I am correct because I already complained to management about his behavior, but they didn't take any action against him.

There is no bond, and I haven't committed to any agreement, so how can they proceed legally?

Hi Ajay.. please call me hussain.

On basis of your information.

What is written in your offer letter regarding notice period ? 1 month or 3 months ? What is said is irrelevant, what is on paper you need to comply.

When you sent a resignation mail to your reporting manager, did you get written / mailed acknoweldgement of accepting your resignation and relieving from duty on so and so date ?

Forget the incident of “unparliamentary language” for now ! focus on paperwork done, so that you can present your case and free yourself from this mess.

Do you have any witness of handover ? Any Proof of relieved from duties etc.

If you think you are correct, then don’t fear or be embarrassed about anything. Scuffles and arguments happen in office, Don’t take it to your head and heart. Management is not gonna take any action on someone who is giving them service for someone who has left the company.

If there is no bond as such, then no legal action will be taken, however you may not get your final settlement, relieving letter or experience letter, or recommendation or worse case, you may get a bad reference check or negative feedback. So its better to separate on good terms.