Stuck in a Resignation Dilemma: How to Handle Notice Period Conflicts with Management?

I have been working in an organization for 3.5 years. I am not receiving a standard salary here. They have sent me to the client side within India. I was facing problems such as not being able to sustain myself in that city. Meanwhile, I received an offer that is close to my home. I resigned from that organization. However, my manager is denying it and saying that my resignation is not acceptable because I am on the client side, and it is company policy to come back to the current office when the client releases you, then give your resignation and serve a 1-month notice period, which will be acceptable. But in my offer letter, there is only a one-month notice period.

I am serving my notice period with dedication from the resignation date and have requested the manager to accept my resignation. Only one week is left to complete. So, after the completion of my notice period, what should I do? Please suggest to me.

Please clear the following doubts to provide a solution to your query:

1. To whom have you submitted your resignation? Is it to your client company or principal company?
2. If you have submitted your resignation to your client company and served your notice period, it will not be considered as a notice period since your principal company may not be aware of your resignation.
3. If you have submitted your resignation to the principal company and have proof of acceptance of your resignation, then you do not need to worry. You may proceed with your decision to leave the company after serving the notice period.

Thanks,
Santosh

Santosh, thanks for the quick response. I have submitted my resignation to the manager and HR of the principal company. From the first day, they have been threatening not to allow me to return without client permission. The manager responded via email saying, "Your resignation is not acceptable because you are on the client side. Anyone cannot resign from the client side. This is the HR policy. When the client agrees (meaning a replacement resource is found), you must first return to the company (principal) and then resign, serving a one-month notice period. Only then will it be acceptable." I am curious to learn if there are additional details in the HR policy that employees may overlook when signing their offer letter.

Process for Obtaining Relieving and Experience Letters

When I return from the client side, what process should I initiate to obtain my relieving letter and experience letter?

Regards,

Options for Handling Resignation and Joining Dates

In this case, you have the following options:

1. Try to coordinate with your new employer, from whom you received the offer letter, for an extension in the joining date. Meanwhile, you can find your replacement in the current company.

2. If the new employer is not ready to extend the joining date, then try to convince the current employer about your decision to leave the company and proceed with your plan. Try to explain to the new employer that you will not be able to join the new company without a proper relieving letter, experience certificate, etc. In such a scenario, you may need to forego your full and final settlement. Therefore, make a well-thought-out decision based on your new offer, job responsibilities, the current market scenario, etc.

Thanks,

Santosh

To add to the above, the HR policy of the company cannot override the law of the land. The company has no right to force an employee to work when they do not want to work for that company (it's not slave/bonded labor). At best, they can insist on serving a normal notice period (usually 1 month, maximum 3 months) as stated in your appointment letter.

Legally, regardless of whether the company has accepted your resignation, you are entitled to leave after the notice period is over. However, do speak to your new employer to ensure they understand the situation and support you with it.

Thank you for your response and for encouraging my patience. Please allow me to clarify my point. My notice period is 1 month, and I have already served 3 weeks of this notice period. It will continue until one month is complete. However, my employer has not accepted my resignation so far. If they do not accept it by the end of the day, what should I do in this situation? I feel compelled to leave this organization because all they talk about is finding a replacement and have asked me to wait until a new replacement arrives (it has been 21 days, and no one has come yet). I believe they may not be able to find a replacement in the coming week as well. In that case, where is my fault? If they delay accepting my resignation and request me to stay for a couple more weeks (extending the notice period to 45 days), I might lose my new job. If I oppose this decision, will they provide me with a proper relieving letter and experience certificate? Please advise me on what options I have in this situation.

Thank you.

Navigating Notice Period Challenges

It's a toss-up. You are required to work up to the end of your notice period, and the company is required to pay you. They definitely won't pay you (it's apparent), but you still have to work knowing you are not getting paid. There is no guarantee when they will get a replacement. As soon as they do, they will relieve you without any notice. So, trying to help them or working as per their requirement will make no sense. (If they were an ethical employer, they would have accepted the resignation and asked you to extend as a request). They apparently care only about themselves, even at the cost of your career.

Immediately speak to your new company and explain the matter to them. Get their approval to come without a relieving letter. Tell them you will complete the notice period because it's your duty, but it is very clear they are going to relieve you. Show them your resignation letter, etc., and explain you are not at fault. It's important you do not lose your new job. Getting another one at this time is difficult.

In my view, two aspects are seen here. One is your Principal Employer, who has issued the Appointment Order and on whose payrolls you are. Secondly, you are working for the client company of your Principal Employer. If this is the case, your resignation and the notice pay definitely stand, provided there is no specific mention in your Appointment letter about the control of the Client company over your service matters. You may ignore this if my contention is wrong.

Regards,
Eswararao Ivaturi.

HR policy is not above the law. If an employee does not want to work in a company, then the employer has no right to force them to work in India. You may send an email to HR mentioning the termination clause of your employment contract, and as per that, you should abide.

Personally, I would request you not to leave when you are at the client site as this will hamper their business and reputation. Discuss with them to find a reliever for you in the meantime before you quit. Always leave the company on good terms; who knows, you may need help from them, or they may offer you something in the future.

I read his original post differently. He said he was trying to get them to relieve him. They have not bothered to give him any date other than saying you can't resign from the client side. I know there is no such rule that you can't resign from the client side. They should have made arrangements for a replacement. It would not be the responsibility of the employee to maintain the business and reputation of the company. The manager should be more concerned and should make arrangements for a replacement.

While in most cases, I would agree with you about the need to leave on good terms, in this case, it seems to me a case where the manager is willing to sacrifice or harm the career of the employee for his convenience. In such a case, do you think he should not leave while he is at the client location?

He faces two alternate risks here:

- Risk of trying to accommodate his existing employer and losing his new job opportunity (could very well be terminated immediately on a replacement being found when he will not have a job).
- Risk of getting negative feedback in future background searches from this employer for not having completed the relieving to their satisfaction.

I am not sure which is a bigger problem.

Leaving a Client Site: Navigating Resignation

You have received all possible solutions. Mr. Shaikh has a point: when leaving a client's site, the employer's business and reputation are at stake. Hence, try to leave in an amicable manner as far as possible.

Have you tried to find out if any similar cases have happened in your company? What did the employee do, or what was the company's stand?

What does your appointment letter state in case someone resigns at the client's site? It must have stated some maximum limit of (90 days, etc.) notice period even if someone resigns at the client's site. You should discuss with your HR manager that you are well aware of the situation and acknowledge that your reliever needs to join as fast as possible. Nevertheless, if this does not happen, you will not wait after a specified (maximum) number of days from the resignation date (21 days are already over) in any case.

Keeping your new employer informed about this development will help. Try to take them into confidence and assure them that you will be joining, and that you want to leave your current employer in good faith and in a responsible way.

Hope it helps and all the best!

Best regards,

Vaishalee Parkhi