Navigating Resignation in India: Do You Need a Replacement Before Getting Relieving Papers?

1. Is there a rule to give a replacement while serving notice, and only after replacement, one is eligible for Relieving Papers?

2. Please let me know the law of resignation in India for any company, whether private or government.

3. Could you suggest any Act where I can find this information?

Responsibility for Replacing a Resigning Employee

The arrangement of replacing a resigning employee is the responsibility of the company owner and not the resigning employee. These are all self-imposed rules by employers and do not carry any statutory sanction.

Employers include a notice period clause in the appointment letter for a reason. The notice period provides employers with the flexibility to arrange for a replacement.

In recent years, finding the right job candidate has become increasingly challenging. However, employers cannot shift the burden of recruitment onto the resigning employee. What if the resigning employee brings candidates, but none are suitable? Should the resigning employee continue to wait until the right candidate is found? Furthermore, the selected candidate may not be able to start immediately as they may need to complete their notice period. This delay in filling the position could lead to an unnecessarily prolonged period of employment and reach new levels of absurdity.

Thanks,

Dinesh Divekar

Agree with Mr. Dinesh,

There is no law that can stop someone from changing jobs. Yes, one has to serve the required notice period so that the employer can find a suitable replacement during that time.

Also, some employers want a new employee to join immediately, and if that same employee wants to leave the organization on short notice, employers never let him go. It's like heads I win, tails you lose.

No question of a substitute to be provided by the employee who is leaving the organization.

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Hi,

Thank you for your message. Based on the information provided, it seems like there should not be any expectation for the departing employee to arrange for a substitute. It is typically the responsibility of the organization to manage staffing needs during a transition. If you need further assistance or clarification on this matter, please feel free to reach out.

Best regards,

[Your Name]

Resignation and Relieving Process

Resignation is purely a voluntary act on the part of the person tendering his or her resignation. Consequently, any precondition set by an external person, agency, or entity is patently illegitimate, illegal, and uncalled for. However, instances are not rare where arbitrary acts have been initiated to put pressure on the person while exercising his or her inherent and non-negotiable right and prerogative. This coercion is neither welcome nor a healthy HR policy practice.

The hiring process owner is the employer and/or his or her representative, and therefore, there is no onus on the person resigning.

It is also a matter of grace and decency to issue a relieving letter. This is apart from the necessity for the prospective employer to know the present status (pre-employment in that concern) of the job applicant and for the resigned employee to apply for or get his or her full and final settlement dues. Also, a notification that he or she stands relieved of duties and responsibilities, including the freedom to leave the station or place of stay.

The laws of the land (our country in this case) apply to us all.

Regards, Kritarth Team
Bengaluru Service Point
4.9.2016