Stuck After Resignation: How to Handle HR Silence and Threats from Your Employer?

This is for a friend of mine who works in a BGL-based IT company. He resigned and completed a 60-day notice period. There was no response to his resignation email from HR indicating whether it was "accepted" or "not accepted." Despite sending reminder emails requesting to be relieved, he received no response during the notice period or afterward. It has now been one month beyond his resignation, and he still has not received a response.

Both HR and his manager have verbally informed him that he will not be relieved until he completes the current project. He sought an approximate relieving date via email but received no response. Ultimately, he was pressured to go to the client's location, but he refused. Subsequently, he received an email from the company stating that it is losing business because of him and that there will be severe consequences. This situation has escalated into a threat, causing him significant stress.

What should he do? Should he pursue legal action? (He has email copies of his resignation and reminders)

What is the current status of your friend? Is he receiving his salary? Does your friend have any other offers on hand? If yes, it is advised to speak to management and HR to make them aware of this development. Yes, the current job on hand must also not suffer. To maintain this interest, you can ask HR to assign another employee so that you can train them to handle the project, and the client in question can be relieved.

Taking legal action does not take much time, but it will have an impact on your friend's career. Therefore, regardless of the documentation proofs he has, it is advised to discuss and settle the matter. If things escalate, of course, there is a remedy of legal action.

All the best,
JSR.

Please read the terms and conditions of the offer and any commitments like a service agreement executed beyond the offer. What is the role and responsibility of your friend in that company? Let him send a registered letter to the management and copy HR, informing them that the current assigned job is completed, and no additional job should be assigned after his resignation. If any additional task is given, it should not be taken up as he has submitted his resignation and communicated the intention to separate as specified. If he has completed all the above steps, he can approach the Labor Commissioner of the company's jurisdiction. He should submit the resignation letter copy sent to co-HR, along with a letter confirming the completion of previously assigned jobs before resignation, stating no pending tasks which were sent to HR. He should seek relieving on the specified date for separation. If he does not receive a reply to this letter, his resignation is considered accepted, and he is relieved from the role and responsibilities assigned in the offer of acceptance. This action will prompt the Labor Commissioner to intervene and send a notice to the management to appear for a settlement.

According to the Shops and Establishment Act, only one month's notice is required to relieve an employee unless the company has Registered Standing Orders. Any stipulation beyond a one-month notice period (30 days) is null and void under the act.

Regards,

On the last workday, you should write a letter/email to the company stating, "Today is my last workday in this organization, as per my notice of resignation dated... I have completed all the tasks assigned to me and, until today, have not received any intimation from the management about any pending issues to be attended to from my side. I have handed over all the charges of my duties, records, etc., to the respective executive. I confirm that from tomorrow, I am not in the employment of this organization."

Lakshmi87 has suggested the right way to move ahead. The question now arises whether this employer will settle full and final dues honestly!