Is My Resignation Accepted? Seeking Advice on Lack of Response from Management

Hey Seniors,

I have resigned (through mail and also given a hard copy to the unit manager) from my job on the date 25/06/2013 and requested to be relieved on the last working day of this month. However, until now, I have not received any response from management. I want to know if my resignation is assumed to be accepted. I have not received any appointment letter from my employer. Kindly guide me on what to do.

Thanks & Regards,
Praveen Kumar

How are you working in this organization without asking for an offer/appointment letter? How long have you been working in this company? Are you on the company's payroll or a third-party payroll? How do you receive your salary from this company?

In my opinion, you don't have to wait for their confirmation and further direction as they have not issued an appointment letter to you yet, which means they have not established a legally binding "Employer-Employee relationship." They cannot prevent you from leaving the company, but make sure you have not provided them with any of your original certificates.

You have fulfilled your part by submitting your resignation letter. Consider sending one more email on the same subject and try to have a conversation with them over the phone to understand the situation. If they are unwilling to engage with you, then leave and do not wait for anything.

Nothing negative will happen to you.

Regards,
M. Kannan

Thank you for the information you have provided. It appears there are several grammar and punctuation errors in your text. Here is the revised version:

"Thank you, sir. I have been working here for the last two years, and I am on the company's payroll with my salary being transferred to my bank account. When I joined, I requested an appointment letter, but the HR person did not provide one. Now, the company is asking me to serve a notice period, stating that they will deduct my pay if I don't comply. Could you please advise me on what actions I should take if they deduct the notice pay, and how long the company can take for the full and final settlement?

Thank you."

I have corrected the spelling, grammar, and punctuation errors in your text. The revised version should convey your message clearly and effectively. If you have any more questions or need further assistance, feel free to ask.

Praveen,

It is important to understand that an appointment letter on the company's letterhead is a crucial document for us as employees. It serves as proof of employment and indicates the years of experience we have.

Two years is a significant period, and abruptly stopping work could lead to problems for you. I suggest going to HR and your direct manager to inquire about the status of your resignation and relieving process. They may inform you of the notice period you are required to serve. You can negotiate by mentioning that you have not been provided with an appointment letter to clarify the tenure to be served. Express that you are unable to serve a lengthy notice period and propose a reasonable duration. Assure them that you will facilitate a smooth handover before your departure.

It is not ideal to work for an organization that does not acknowledge your efforts by providing essential documents like an appointment letter. While they may not have the right to enforce a notice period without documentation, consider these steps to ensure a smooth exit and potentially obtain a relieving letter in the process.

Regards,

Thanks, Ankita Shah. I approached the HR head, and now he is asking me to serve notice; otherwise, they will deduct notice pay or hold my full and final settlement. Kindly guide me on how much time the company will take for the full and final settlement and what action I can take if my notice pay is deducted by the company.

Recently, one of our employees resigned and gave one month's notice, but the company relieved him on the same day because he is in the probation period.

Regards,

Thanks Ankita Shah, I approached the HR head. Now he is asking me to serve notice; otherwise, they will deduct notice pay or hold my full & final. Kindly guide me on how much time the company will take for full & final and what action I can take if my notice pay is deducted by the company. Recently, one of our employees resigned and gave one month's notice, but the company relieved him the same day because he is in the probation period.

Company Policy on Full & Final Settlement

It all depends on your company policy. Many companies do the F&F on the last working day. Secondly, what's the notice period they're asking you to serve? What is the amount that they'd deduct against your notice period? Holding money is still secondary. I told you it's important to get a relieving letter and an experience letter.

They are asking for a one-month notice, but I have already provided my joining date to my new company. I am actually going to rejoin my previous company where I worked two years ago. Therefore, there is no need for a relieving letter or experience letter. I would like to know the rules regarding full and final settlement.

Thank you.

As you mentioned that the place where you are rejoining is your former employer, try to explain the situation and see if they can assist by giving you a few days' time. Secondly, you may not need those relieving and experience letters now, but in the future, when you wish to make a change, you should present your experience as:

Time Period 1: Organization A
Time Period 2: Organization B
Time Period 3: Organization A

However, where is the proof of employment with B? Do you see the issue there? The rest is up to you. Since they never bothered to provide you with an appointment letter, they cannot force you to serve the notice period as they have not established an employee-employer relationship. However, since you were receiving a salary and are on their payroll, they may resort to underhanded tactics. I would still recommend negotiating the notice period and aiming for a smooth exit.

Notice Period and Resignation Acceptance

Servicing a notice period is a standard practice in all companies. Not having a copy of the appointment letter does not exempt you from serving the notice period. The standard practice is a 1-month notice period, except for those on probation. Your company is asking for a very fair notice period. Your refusal to serve the notice period is going to leave you in a weak position.

The company is well within its rights to deduct salary for the notice period not served by you. Furthermore, they can withhold your salary, claiming that you did not complete a proper handover. Technically, they need to clear your salary within 2 days and the remaining payment within 30 days. However, if there is a dispute or if there is a failure on the part of the employee in settling/returning files or completing a handover, the company would be justified in holding it back until the matter is settled.