Can My Friend Join a New Job Without Resignation Acceptance? What Are the Risks?

Dear Seniors,

One of my friends, who is a Software Engineer by profession, has resigned from his current company. However, his superior (project manager) is not accepting his resignation. It has been 10 days, and still, he has not accepted the resignation. He cannot give his full notice period, which is one month, as the other company is asking him to join as soon as possible. He does not want to miss the opportunity, but his superior is not ready to accept the resignation. He has tried his level best to convince the boss, but he is not willing to accept it.

Can he join the other company without having a resignation acceptance email or letter? If the other company is ready to take him, should he join? Will it create any problems in the future as he will not receive an acceptance & relieving letter from the company? Does any employer have the right to do this with an employee? What steps can the employer take if he joins a new company without resignation acceptance?

Thank you.

Hi,

Ask your friend to speak with his/her senior once again. Let him understand why they are not accepting. If he is still unable to make his senior accept his resignation, he can always approach the next senior person or meet with the HR manager/GM/VP-HR/M.D to hand over his resignation letter.

He can also email his resignation to his senior with the notice period. Then, he can serve his notice period and leave the company.

Cheers

Hi,

In my opinion, you should provide one month's notice; otherwise, you will have to pay for one month's salary in lieu of the notice period. If you do not give one month's notice or pay the required amount and you leave without completing the relieving formalities, your present employer may conduct verification on you. In such a situation, your past employer may not respond to any inquiries.

Suresh

Dear Seniors,

One of my friends, who is a Software Engineer by profession, has resigned from his current company. However, his superior (project manager) is not accepting his resignation. It has been 10 days, and still, he has not accepted the resignation. He cannot give his full notice period, which is one month, as the other company is asking him to join as soon as possible. He does not want to miss the opportunity, but his superior is not ready to accept the resignation. He has tried his level best to convince the boss, but he is not ready.

Can he join the other company without having a resignation acceptance email or letter? In case the other company is ready to take him, should he join? Will it create any problems in the future as he will not receive an acceptance and relieving letter from the company? Does any employer have the right to do this to an employee? What steps can the employer take if he joins a new company without resignation acceptance?

Hi HR,

This is a difficult but common problem these days. My suggestion would be to have a word with the project manager and try to understand the reason for such denial to release him. Ask him to document every communication with management and HR that he is having in his current organization. The most important thing is he should have a word with the HR of the prospective employer about the situation and request them to extend the joining date if possible.

I hope this makes sense.

Thanks and Regards,
Indrani Chakraborty

Hello dear,

There are many things to consider. If your friend is in an agreement period with his/her employer, it would be a problem. If any certificates are with the present employer, then it would be another problem for your friend. If the present employer had issued an offer and appointment letter when your friend is joining his company, then the employer needs to issue the relieving letter to your friend. Your friend can demand if he is not in agreement with that company. Just check out the notice period as well. The present company in which he is going to join, if it maintains any policies regarding the joining of new employees, then it might be a problem.

These are my views on this case; just check with others as well.

Regards,
Mahadeva

Just join the new company as soon as possible. Once HR from the new company has onboarded you, they cannot terminate your employment later for not submitting a relieving letter. Make sure to mention this situation in your joining letter as well. Maintain confidentiality with the new HR personnel.

For your current company, send an email to all senior management and cc your project head and your personal email. Notify them about your resignation and your intention to fulfill the notice period to the best of your ability. Try to adhere to the full notice period specified in your appointment letter or offer to pay in lieu of notice and request a release. If they respond positively, that's great. If not, don't worry as it will not negatively impact your future career.

Manish Gupta
Admin & HR Manager

I would suggest that you speak to your senior once again and help him understand the reasons why you want to switch. Also, try to understand why he is not ready to accept your resignation. If this does not resolve the issue, consider talking to the HR of the other company. They might accept your bank statement instead of salary slips, and you can provide them with your offer letter and appointment letter for details regarding your Date of Joining.

Regarding potential future problems, you might face issues later on, especially if you work for a company that conducts background verification. There is a possibility that your reporting manager might share incorrect information. Therefore, I recommend discussing this matter with him. If the issue remains unresolved, you should consider talking to the superiors as well.

Regards,
Shweta