Stuck in a Resignation Dilemma: Should I Report My Boss for Not Accepting My Notice?

I am working in an ITES company and have received a better job opportunity in the same field. I wrote a resignation letter and gave it to the functional head. However, he did not accept my resignation. Subsequently, I emailed my resignation to the HR manager and CC'd my mail to my TL, functional head, and assistant manager. In my offer letter, it is clearly stated that one month is the notice period. After writing the mail, I also applied on the HR portal. There are only nine days remaining in my notice period.

My functional head explicitly stated that he would not accept my resignation as I did not seek permission from him. After the notice period, I will have only 5 days to join the new company, for which I have already extended my joining date.

Seeking Advice on Resignation Issue

Is it correct to complain to the labor commissioner about this issue? Also, please guide me on how to address this matter. I have been loyal to my current employer throughout my notice period. Would it be advisable to inform the new employer about this situation? Please advise.

Regards,

I don't have much knowledge about this, but I would suggest you discuss this with your HR SPOC and seek guidance. What is the reason behind his non-acceptance? Discuss the issue and explain your point of view. Are they trying to retain you? Are they promising any salary hike or promotion?

I feel that you should go ahead and inform the new employer about this situation and also have proof of your resignation mail.

Procedure for Resignation

Have you received your Offer of Appointment order? You should have tendered your resignation to the same authority through your HOD (Departmental Head), with a copy to HR. This is the right procedure. Please do the same accordingly and comply with all the clauses mentioned in your Appointment letter in letter and spirit.

There is no point in approaching the Labour Officer/Labour Commissioner, as acceptance of your resignation letter or holding the same for obvious reasons by your higher-ups shall be purely in the hands of your company management.

Thanks,
R K Nair

I suggest that you be loyal and open with your new employer. Talk to your current HR and ask them about the difficulties they see. Based on their opinions and reasons, communicate with your new employer's HR.

If you are interested in joining the new company, be honest and express your willingness to join. Inform them about the discussions you have had with your current company. Provide proof of emails, such as your resignation letter.

Be open and detailed about the situation and try to approach it with humility towards both your current managers and HR. While the new company may understand your situation, remember that you will need all your experience documents in the future. Therefore, aim to be humble and kind to both parties.

Thank you

Handling Relieving Orders When Changing Jobs

If the joining company insists on a relieving order, you have to request it from the previous company as you have not completed one month's notice period. In case the joining company is not demanding a relieving order, you can ignore the matter.

Thanks for your reply. They provided an offer and a position to me. However, I am not satisfied with the offer. My new employer has offered me a better deal compared to this offer. I am a key person in my team, so they are not ready to let me go, which is the problem. I have already extended my date of joining in the new company, so more than two days after my notice period may also create problems. Please guide me on the best way to obtain my experience letter.

Thanks for your response. I got my offer letter from my new company. I gave my resignation letter to my reporting person/AM. I spoke to my senior head. They are not ready to let me go for two months. They made it clear. After that, I wrote an email to the HR team about my resignation and also CCed my email to all reporting persons, including my senior head.

My functional head questioned me, saying that without his permission, I emailed the HR team and applied on the HR portal, so he does not accept my resignation. He does not consider this as a notice period. He said he will release me only after two months. Please provide guidance to me for this problem.

Respecting Notice Periods When Changing Jobs

Leaving one's current employment or organization and joining another for better prospects is definitely a right of each individual, subject to fulfilling the conditions contained in the appointment letter. One should respect the terms of the notice period if agreed upon at the time of employment, as the organization where one has spent time must be given a reasonable amount of time to find a replacement.

Regards,
P.K. Sharma

Unfortunately, some bosses do try to hold on to their people in this fashion. My suggestions would be:

Open Communication with New Employer

First, be open with your new employer and find out if they would be willing to extend your joining date, which would solve the issue. If they are not willing, ask them if the absence of a relieving letter would be a big problem for joining, since it may be delayed under the circumstances. If they are okay, then you should think of joining the new company on schedule if you think that is the right career choice for you.

Understanding Resignation Terms

If you have resigned via email and have given sufficient notice, then your present company can only delay your full and final settlement or your relieving letter. You should refer to the terms stated in your appointment letter. Unless a clause regarding the acceptance of resignation is included, it is not a concern. It is the tendering of the resignation that is important. There is no need to take legal action presently. If the company holds back your dues for too long, you can then consider that step.

Be polite, helpful yet firm. Your advancement is your right.

Whenever anybody joins the company, it is clearly mentioned in the appointment letter that you have to serve a one-month notice period or one month's salary in lieu of it. So, please check the appointment letter to see if this clause is mentioned in it. If it is, then only the amount for the shortfall days should be deducted from the full and final amount.

Firstly, I would say that there is no need to beg, but to request humbly for your release, as you have already resigned and completed your required notice period as per the conditions outlined in the employment/appointment letter.

Secondly, I agree with Mr. Nair and other respected members that you must share and discuss the same problem with your HR head, as well as with the new employer, to clarify your point and present your situation. Everyone has the right to seek growth, and you must fight for this.

Additionally, you need to continue your communications regarding the resignation via email with your new employer and highlight your current situation.

Lastly, you are required to file a written complaint with the management desk. If there is no response, you can seek help from your local labor inspector by mailing it to them through registered AD or by visiting them personally.

Note: Keep all your documents, such as a copy of your resignation, your appointment letter, your EPF/salary slips, and your employee card, ready with you at all times.

Handling Resignation Issues in ITES Sector

I am working in an ITES company. I have received a better job opportunity in the same field. I wrote a resignation letter and gave it to the functional head. However, he did not accept my resignation. Subsequently, I emailed my resignation to the HR manager and CCed my mail to my Team Leader, functional head, and Assistant Manager. In my offer letter, it is clearly mentioned that one month is the notice period. After sending the email, I also applied on the HR portal. Only nine days are remaining in my notice period. My functional head clearly stated that he will not accept my resignation because I did not get permission from him. After my notice period, I will only have 5 days left to join the new company. I have already extended my joining date.

Seeking Guidance on Labor Commissioner Complaint

Is it correct to complain to the labor commissioner about this issue? Please guide me on this matter. Until now, I have completed my notice period faithfully to my current employer. Would it be advisable to inform my new employer about this problem? Please advise.

Senthil,

Kindly email your HR mentioning your "resignation letter date" and request to be relieved immediately due to an emergency in quitting the service. Also, request them to respond within 2 working days; otherwise, your resignation letter shall be considered accepted by implication. On the requested date, you can email your HR, return the company properties, and inform them of your exit. Nothing adverse would happen to you. Experience certificates and other documents can be obtained with the help of a lawyer.

Regards,

My dear friend, there are lessons to be learned here for all employees facing such situations. Imagine your hand is stuck beneath a hard and heavy rock. There are two ways of redeeming your hand or getting your hand out from underneath the heavy rock.

1. Pull it out with one swift motion, but you will injure yourself.

2. The second option is to wriggle out your hand, thereby reducing or avoiding damage to the hand.

I suggest all employees choose the second option. Rules are definitely in place, and no one has the liberty to play around with them. You can certainly seek justice in labor courts, etc., but if the management decides to play hell with you or your career, you will be at the crossroads. Therefore, the better option would have been to wriggle your hand out.

Unfortunately, you seem to have chosen the first option. Now, the only way is to talk to your new employer about the problem you face and seek his cooperation to rectify your position. Once that is solved, you can think of showing your previous employer his place. Whatever you decide to do, always remember that an employee is an individual, whereas the management is an institution. Fighting an institution, even if you are right, calls for guts, determination, perseverance, and sacrifice. Tread that path only if you have it in you and can afford it.

All the best.