Hi,
I am presently employed with an MNC. I had resigned about a month ago from the organization and am currently serving a notice period of 3 months. However, as we have seen in this forum now and then, the company has started flexing its muscles with employees who resign. As a result, the manager and HR department are not even acknowledging the resignation! The last working day has not been communicated in writing either.
In these circumstances, I fear that they might try to play unfair games at the end of the 3-month notice period, such as not providing relieving or signing the exit forms, etc. Although in my case, I will complete the full 3-month notice period, are there chances that the organization might try to retain me before the three months are up? What legal actions can I take against the organization to obtain official relieving in case they claim at the end of the three months that my resignation was not accepted?
Thanks in advance.
From India, Faridabad
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I am presently employed with an MNC. I had resigned about a month ago from the organization and am currently serving a notice period of 3 months. However, as we have seen in this forum now and then, the company has started flexing its muscles with employees who resign. As a result, the manager and HR department are not even acknowledging the resignation! The last working day has not been communicated in writing either.
In these circumstances, I fear that they might try to play unfair games at the end of the 3-month notice period, such as not providing relieving or signing the exit forms, etc. Although in my case, I will complete the full 3-month notice period, are there chances that the organization might try to retain me before the three months are up? What legal actions can I take against the organization to obtain official relieving in case they claim at the end of the three months that my resignation was not accepted?
Thanks in advance.
From India, Faridabad
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Dear Rikki,
Don't think of any legal action in anticipation at the very beginning. Even for any legal action, you may need to establish a strong background. So, start building a solid foundation for your resignation to be effective on the day you wish to be relieved. Do not remain silent on the issue after submitting your resignation letter. If the management has not responded so far, the first thing you should do is send an email to the HR Manager requesting acknowledgment of the receipt of your resignation letter, effective from [insert specific date].
If there is still no response, politely remind them after another 7-10 days via email and a letter sent through registered post to acknowledge the receipt of your resignation letter. You can send another email or letter reminder after an additional 2 weeks. Two weeks before the effective date of your resignation, request HR to inform you about the action taken on your resignation letter. If there is still no response, just a week before the effective date, send another email and a registered Acknowledgement Due letter to the management, with a copy to the MD, stating that in the absence of a response, you will consider the resignation accepted from the due date following the notice period.
However, ensure that each of your emails or letters references all previous correspondences. This approach should prompt a response from them.
Even if there is still no response and you do not attend the office from the effective date, the management would not be able to take any legal action against you, as you will have already established a strong foundation for your cause of action.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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394Don't think of any legal action in anticipation at the very beginning. Even for any legal action, you may need to establish a strong background. So, start building a solid foundation for your resignation to be effective on the day you wish to be relieved. Do not remain silent on the issue after submitting your resignation letter. If the management has not responded so far, the first thing you should do is send an email to the HR Manager requesting acknowledgment of the receipt of your resignation letter, effective from [insert specific date].
If there is still no response, politely remind them after another 7-10 days via email and a letter sent through registered post to acknowledge the receipt of your resignation letter. You can send another email or letter reminder after an additional 2 weeks. Two weeks before the effective date of your resignation, request HR to inform you about the action taken on your resignation letter. If there is still no response, just a week before the effective date, send another email and a registered Acknowledgement Due letter to the management, with a copy to the MD, stating that in the absence of a response, you will consider the resignation accepted from the due date following the notice period.
However, ensure that each of your emails or letters references all previous correspondences. This approach should prompt a response from them.
Even if there is still no response and you do not attend the office from the effective date, the management would not be able to take any legal action against you, as you will have already established a strong foundation for your cause of action.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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Thank you, Mr. Dhingra, for your valuable comments. I understand that I need to be proactive in addressing any actions by the company that fall outside the policy framework. I will keep you updated on any relevant developments.
Best Regards,
rikki_gaurav
From India, Faridabad
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Best Regards,
rikki_gaurav
From India, Faridabad
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Dear Mr. Dhingra,
There was an employee in our office who worked with us from Dec '09. Now, in the month of March '11 after receiving the salaries in the account, he has forwarded the resignation by mail without serving the notice period. When his reporting manager called him, he did not bother to pick up the phone.
As HR, I called him and then he picked up the phone. After our discussion, he came to the office for Full and Final settlement but left without informing anyone. When I called him regarding the notice period or the payment of one month's salary as mentioned in the Appointment letter, he denied this and threatened us with legal action if necessary.
Please advise on what action I should take?
Thank you.
From India, Gurgaon
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There was an employee in our office who worked with us from Dec '09. Now, in the month of March '11 after receiving the salaries in the account, he has forwarded the resignation by mail without serving the notice period. When his reporting manager called him, he did not bother to pick up the phone.
As HR, I called him and then he picked up the phone. After our discussion, he came to the office for Full and Final settlement but left without informing anyone. When I called him regarding the notice period or the payment of one month's salary as mentioned in the Appointment letter, he denied this and threatened us with legal action if necessary.
Please advise on what action I should take?
Thank you.
From India, Gurgaon
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Hi Gaurav, Can u let me know that after following the procedure told by Mr. Dhingra,Ur resignation has been accepted or not. Actually I just want to know what should one do in this situation.
From India, Delhi
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From India, Delhi
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Dear All,
I resigned on 20th Jan 2016 and joined another company despite not receiving a relieving letter, as the new company accepted me without one. My previous company acknowledged my resignation online and requested me to complete a three-month notice period, which I did not fulfill. To date, they have not taken any legal action against me. However, could they still pursue legal action now or in the future? If so, why have they remained silent for more than two months?
Thank you.
From India, Pune
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I resigned on 20th Jan 2016 and joined another company despite not receiving a relieving letter, as the new company accepted me without one. My previous company acknowledged my resignation online and requested me to complete a three-month notice period, which I did not fulfill. To date, they have not taken any legal action against me. However, could they still pursue legal action now or in the future? If so, why have they remained silent for more than two months?
Thank you.
From India, Pune
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