Notice Period Dilemma: Can I Leave If My Resignation Isn't Accepted Yet?

I have served the entire notice period of 3 months as per my appointment letter. I have the resignation receipt acknowledgment; however, my resignation is yet to be accepted. I also have copies of my attendance sheets for the entire 3 months during which I was serving the notice. Do I need to continue, or can I leave as per the appointment letter? Kindly guide.

You need not worry if the appointment order states 'your service is terminable by giving three months' notice from either side'.

Regards,
Varghese Mathew

If you need a certificate, then you need to wait for proper handing over. If you have completed three months' notice, send a letter stating all facts. Mention that you would like to be relieved on a specific date. Also, specify that if you do not receive a relieving order, you will not attend the office from the specified date onwards. Mark copies to HR, CEO, and Accounts. If I were in your position, I would mark copies to all HODs to make it an organizational issue.

If you do not want a certificate and if you are not holding a cashier's position, you can walk out without any further reference.

Resignation Acceptance After Notice Period

Your resignation is deemed to be accepted after serving your notice period. Just write an email mentioning that you have completed your notice period and from the date onward, you will not be in the office. You can use the same email as proof with your new employer.

Regards,
Rakesh

If there is a clause of a three-month notice period in your appointment letter and you have rendered three months of service after resignation, I don't see any reason for their inaction. The management should have either accepted or rejected your resignation before the completion of your notice period. Leaving without their consent may harm your prospects elsewhere. Therefore, I suggest you talk to the senior officials of the HR department and settle the issue.

Regards,
BS Kalsi
Member since Aug 2011

There is a small possibility that completing your release formalities may have been missed by your HR. Just send a reminder to your supervisor/HR/HOD referring to your resignation dated ____ and state that you have served a 3-month notice period as per the terms mentioned in your appointment letter. Conclude by stating that you would like to be released immediately and not later than ______, with all dues settled accordingly.

Please keep us informed of the progress on this matter at your end.

Regards,
Gia

Have you had any communication with the HR department during this 3-month period? It should not be a significant issue if they simply forgot to process the relieving activities. They can process it and relieve you from the company quickly (2-3 days). Then you may consider extending your services for that short period.

In any case, it is essential that the employer responds to the resignation with either acceptance or rejection, providing a valid and clear reason. This letter generally also indicates the last working date. If you have received such communication from HR, then the notice period may be calculated starting "after the date of acceptance" and not "after the date of resignation."

If the employer fails to do this, and if they also do not respond to the letter format suggested by Gia in the above post, then you are free to stop work after the notice period as specified in the contract. If you choose to do this, please write a letter to HR stating that you did not receive any rejection response within the designated period. Therefore, the resignation is considered accepted, and as per the contract, you would like to discontinue your services after the notice period. You can still obtain a relieving letter and F&F settlement later.

Regards,
Amod.

I also want to emphasize that approaching the HR Department through suitable means, presenting your problem in a genuine manner, and, if not receiving an appropriate reply, then moving forward with a new employer while keeping all the communicated documents will be sufficient to address any arising situation.

Regards,
AKS

If you served the notice of three months to your employer as per the terms of your appointment letter and if no communication has been received from the employer, you can presume that your resignation has been accepted, and you are relieved from the organization. Accordingly, you may write a letter to your employer requesting them to issue the relieving letter and the final dues. Legally, your employer will not have any claim on you as you have given a sufficient notice period. You may keep a copy of the letter, which will be helpful to you. Hope this is clear.

Regards,
Eswararao Ivaturi.

Dear All Seniors,

Firm Processes and Practices for Employee Exit

Can we have any firm processes or practices that can be implemented? This is a very common case where companies hold certificates of experience, relieving, and in some cases, full and final dues and PF. Threatening employees on the basis of service letters is not a sign of good companies.

Many big companies care more about their image than playing these kinds of games with employees who have completed their notice period without any dues. As an HR professional, I always strive to overcome such issues that create problems for employees and the company.

Thanks,

Milind

Steps to Ensure a Smooth Resignation Process

Being a professional, it is advisable to send an email detailing your resignation date and the completion of the notice period. Politely inquire about when they will provide the relieving letter and the Full and Final settlement. Ensure you send this email to your reporting manager and HR, and cc your CEO.

If you do not receive a reply within a couple of days, consider speaking directly with your reporting manager and HR.

I have been informed that my resignation has not been accepted. My superior is forcing me to finish some tasks which were not directly handled by me. Earlier, some other staff members of my capacity have been released, but I am being held back.

Steps to Ensure a Smooth Handover

What steps should I take in order to ensure a smooth handover and join my new organization on time? My appointment letter states that "a notice period of 3 months is required from either end."

Regards

Tell your superior directly that you have served your notice period and you are going to join a new company and you don't want to miss the deadline. Also, mark an email to the HR department asking for relevant documents and proper handover. Don't forget to thank everyone before you leave.