Facing Immediate Relocation: How Can I Resign Without Serving My Notice Period?

I have been working with company A for the past three and a half years. Now I got an opportunity with a company abroad. The employment agreement at company A says I need to serve a notice period of 2 months at the end of which I shall be supplied the relieving letter/final settlement. The problem is that I will be unable to serve the notice period at all since I need to travel immediately. If I serve the notice period, company A might try to cancel the visa that I hold now.

My questions are:

1) Can I resign through an email to my reporting managers and HR?
2) Will there be any legal action against me (I don't have any service agreement period in the company now)?
3) Is there any way to get a relieving letter or experience letter? If yes, what should I do for that.

I am reluctant to trigger the resignation from the office because I will have to face enormous pressure from my managers in many ways. Your help will be highly appreciated.

Dear,

Answers:

1) Can I resign through an email to my reporting managers and HR?
Yes.

2) Will there be any legal action against me? (I don't have any service agreement period in the company now)
Even if there is one, it can be sorted out by shelling out notice pay.

3) Is there any way to get a relieving letter or experience letter? If yes, what should I do for that?
Yes. If you adopt the resignation route and make good notice pay, then you can insist on it. Normally, good employers will not stand in the way of better prospects for their staff, especially an overseas one.

With Regards,
V. Sounder Rajan

Hi,

Yes, you can tender your resignation. If your terms of appointment do not call for a notice period of 2 months, then you need not work for 2 months. If, however, your company will issue your relieving letter as well as an experience certificate only if you work the notice period, then you can either surrender your earned leave or pay the notice period to the company. You can request to complete the necessary exit formalities so that you will not face any pressure from your current employer as well as your new employer abroad.

With regards, L. Kumar

Hi,

Actually, it is your duty to serve a notice period as agreed upon initially. If you are not ready for that, you can directly submit your resignation to your HR Manager, with a copy to your mentor.

From the employer's perspective, they are not legally obligated to provide you with an experience certificate and a relieving letter. You do not have the privilege of obtaining these documents from them. Therefore, it is advisable to resolve matters amicably. This entails discussing your situation with your managers and mentors or attempting to persuade them by providing credible excuses.

Thank you,
Afsal Abdulkhani
+91-999-555-9004