Feeling Trapped: How to Handle a Forced Notice Period After Resignation Approval?

Hello! I have worked for more than 5 years at a salary and designation that do not match industry standards. I joined at a very low package, and all subsequent increments were based on my low CTC, which does not justify the role I perform. Throughout this time, I have been given false promises and waited patiently for improvements. I was due for a promotion and salary rationalization for a long time, but I was very disappointed with the recent increment letter, which was far below my expectations. Due to a manpower shortage, I have been under tremendous work pressure, working beyond my shift, on weekends, and even during leave. During my tenure, I received many appreciation emails and was considered the backbone of the department. Now, having lost patience and decided to move on, things have suddenly changed.

Considering the stress, I have finally decided to resign. I sent a grievance email to the superiors and waited for a couple of weeks. Seeing no response, I resigned on the company portal with immediate effect, citing health issues and agreeing to a deduction in basic salary for shortfall days instead of notice. I selected "No" for serving the notice period, but my manager changed it to "Yes" and inserted a date three months later in the last working day column. I have completed all online exit formalities on the portal. Now, when I went to the head office for asset submission and remaining formalities, the company is not relieving me and is forcing me to give a handover and notice period. A contract employee, who has been with me for over 2 years, knows all my work, so a handover is unnecessary. It seems the company wants me to clear the workload under the guise of a handover until they find a replacement.

All online exit formalities have been completed and approved on the company portal (with a last working day of the next three months, which I have not agreed to). The company is not accepting my laptop, phone, and other assets and is not willing to relieve me, forcing me to give at least one month's notice and handover, which is not required as the contract employee and my manager know all my work. I offered to be available for one full day in the office to assist with any doubts, but I suspect they will still insist I come to the office. I need to resolve this quickly to have some peaceful time for relaxation.

With significant mental and physical stress, I am at a point of frustration where I don't even mind if the company terminates my services. I need your views and thoughts on how to tackle this situation. Kindly advise.

Thank you for your time.

PS: Appointment Letter says: After confirmation, cessation of employment by either party will be by giving three months' notice. The company may, at its discretion, pay basic salary in lieu of such notice. Confirmation Letter and all subsequent Increment Letters say: All other terms and conditions of your employment remain unchanged.

Dear friend, it is discernible from your lengthy post that your long-brewing discontentment culminated in your sudden decision to quit the job instantaneously. However, you should not have lost sight of the terms relating to the unilateral termination of the contract of employment. Acceptance of resignation by the employer, ipso facto, does not mean its automatic implementation, particularly with the specific mention of the last working day on the expiry of the following third month as per the already mutually agreed termination clause.

In employment matters, one should be more rational than emotional. When the employer had come down with a concession of one month's notice, such a good offer should never be refused by the employee on fastidious considerations.

No one can give you better advice than yourself. Therefore, take a decision conducive to your future career.

Thank you so much for your reply. I hope you have understood my case. One has to be allocated a manageable workload, especially when the salary is low. With the kind of work I have been doing, I feel like a victim of work exploitation.

I have always extended my best efforts to perform in the organization to the best of my abilities. My decision to resign is not because I have another job or another offer elsewhere; it is only because I am extremely disappointed. I am under so much stress, and due to my disappointment, I am unable to concentrate on work. Therefore, I do not wish to continue as I desperately need peace of mind and time to relax. I have made up my mind to the extent that I am even ready if the organization decides to terminate my services.

Since the company is not willing to accept my immediate resignation, I wish to understand what monetary and career consequences I can face if I go absconding (my dues towards working days, leave balance, LTA, PF, Gratuity, etc.) or what will happen if the company decides to terminate me.

Thank you.

Having managed or pulled on for 5 years, just run the last lap and clear your exit by serving the notice period and exit with a clean chit. Don't think of absconding or exiting without papers as the new employer will ask for previous work details. Take a calm decision and do what is right for your career development. Emotional exits will have consequences at a later date.

Advice given above by Shri Umakanthan is valid and correct to the core.

Thank you for your advice. I know I am getting emotional here. If I had to listen to my brain, then I agree with your advice considering my career prospects. But seriously, my heart does not even want to enter the facility after facing so much non-cooperation and considering the non-employee-centric management thoughts.

I had been so patient and determined in anticipation for years, but now, because the management is not showing any recognition, empathy, and support, I get irritated quickly. This shows up on my face and body language, which does not allow me to concentrate and perform anymore. I asked about absconding because I am in a very disturbed state of mind and may make a hasty emotional decision. Therefore, I would urge you to let me know the consequences if I deny serving the notice period.

Thank you, Mr. Umakanthan and Mr. Nathrao, for your valuable advice.

"I deny serving notice period."

The new employer may get negative feedback from this employer. If proper papers are not there covering your work period, a kind of gap will arise in your CV. While it is easy to advise, I still will say pull on for the notice period and leave with documentation and all your financial benefits. Finally, you are the best judge - you take decisions and become responsible for the decision. Best of luck.

Thank you once again. I understand negative feedback from a present employer to a new employer. Other than this, will there be any other consequences like a legal notice or non-clearance of my dues/PF/gratuity for a prolonged period of time, or any other consequence? Sorry to bother you. I would appreciate it if you could shed some light on this.

Mostly, I will somehow convince myself to serve notice, which is the right decision to make professionally, but I really don't know whether I will be able to do that. In case such a situation arises, I need some advice on whether my dues/PF/gratuity will be affected in any way.

Thank you.

Thank you for your advice. Happy Dussehra to all members of this group.

I understand and agree with the right way to go, as suggested and advised by all. I am thinking positively about that. However, one question of mine is still unanswered, and I would appreciate it if someone could shed some light on it.

Dues and Gratuity Concerns

My dues with the company are one part that I know can be held or delayed based on several factors such as the notice period, notice pay clause, etc. But PF/Gratuity is another part. As a part of general knowledge, I really wish to know if PF & Gratuity can be held by the company or if there will be any delay in releasing the said amount. I believe the amount of PF is with the government (self and company contribution), and Gratuity is for loyalty, which is calculated based on basic pay and tenure.

Eagerly awaiting a reply.

Thank you.