Notice Period Confusion: Should It Start from Resignation Date or Acceptance Date?

Which date to consider for calculating the notice period

Which date should be considered for calculating the notice period: the date of presentation of resignation or the date of acceptance of the letter by the concerned departmental HOD/authority? Please comment.

Hi, The ideal date would be the effective date of resignation. The Head of Department (HOD) may prolong the process, try to convince the resigned employee, and eventually accept the resignation, which might be after 10-15 days. In this case, only the resignation letter should determine the notice period commencement date, and the HOD should not consider his acceptance date as the effective date.

Date of Presentation of Resignation: Typically, as per the employment contract, this is the day you choose to terminate it and invoke the termination clause.

Dear friend,

As you are aware, 'resignation' refers to the act of unilateral termination of the contract of employment by the employee concerned. In such a case, the notice period, if any, already mentioned in the contract of employment would imply the period between the submission of the letter of resignation and the effective date of resignation specified by the employee.

"Acceptance of resignation" by the employer is only a stage in the process of resignation, depending exclusively on the terms of the exit clause in the contract of employment. It can be exercised by the employer at any time between the date of submission of the resignation letter and the effective date mentioned therein. If the employer simply sits over the resignation letter, the employee has the right to walk out on the expiry of the notice period.