My employer is not accepting my resignation even after giving the notice period, citing that I am in the midst of a project. They are threatening to issue a legal notice if I do not withdraw my resignation. What should I do?
From India, Bangalore
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From India, Bangalore
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Sorry, but I find this very funny. Your employer is obviously immature and not suited to do business. Even if someone manages to keep an unhappy employee on the job, the damage the employee could do to a live project is horrendous! I hope you have:
1. Given notice of resignation in writing.
2. Clearly written your intention to serve the notice period.
3. Received acknowledgment or proof of delivery of the resignation.
4. Received a reply that refuses to accept or threatens.
I also assume that there is no bond requiring you to serve a certain period of time which is still pending.
If you have given a resignation, the company cannot refuse to accept it. Eventually, they have to release you. They have no choice. The only ground available is inadequate notice. If you have served adequate notice, then they have no option but to release you. If the notice period is over, send an email and a letter asking them to assign a person for you to hand over. If the notice period is not over, a week from the end of the notice period, you need to send them a reminder of your last day and ask them to let you know to whom you are required to give your handover.
You can reply to their email that you are not willing to take back the resignation and that you will not continue to work after the notice period.
They cannot initiate legal notice for resigning with notice. Even if they do, the courts will throw it out, with costs.
However, be prepared for the following:
- They will not give you your last salary and settlement.
- They will not give an experience letter and may provide bad feedback in case of a background reference check.
You will have to be ready to fight for your salary (or forget about it and move ahead) by taking the legal route.
From India, Mumbai
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25081. Given notice of resignation in writing.
2. Clearly written your intention to serve the notice period.
3. Received acknowledgment or proof of delivery of the resignation.
4. Received a reply that refuses to accept or threatens.
I also assume that there is no bond requiring you to serve a certain period of time which is still pending.
If you have given a resignation, the company cannot refuse to accept it. Eventually, they have to release you. They have no choice. The only ground available is inadequate notice. If you have served adequate notice, then they have no option but to release you. If the notice period is over, send an email and a letter asking them to assign a person for you to hand over. If the notice period is not over, a week from the end of the notice period, you need to send them a reminder of your last day and ask them to let you know to whom you are required to give your handover.
You can reply to their email that you are not willing to take back the resignation and that you will not continue to work after the notice period.
They cannot initiate legal notice for resigning with notice. Even if they do, the courts will throw it out, with costs.
However, be prepared for the following:
- They will not give you your last salary and settlement.
- They will not give an experience letter and may provide bad feedback in case of a background reference check.
You will have to be ready to fight for your salary (or forget about it and move ahead) by taking the legal route.
From India, Mumbai
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Just wanted to know if they have mentioned anything in your offer letter regarding resignation or termination, i.e., concerning the minimum lock-in period for service. If not, then you may send a reminder to the company, also with a clear mention to nominate a person to take over your charge. You can also mention in your reminder that if no response is received, the resignation would be treated as effective to be relieved of the responsibilities of the company from the due date of resignation at the risk and responsibility of the company itself. This will shield you against any future problem.
Regards,
Anita
From India, Mumbai
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Regards,
Anita
From India, Mumbai
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Have you signed a bond agreement in lieu of any special training to enhance your skill level imparted to you by the Management at their own expense? If yes, this would be the only scenario wherein your employer can take any legal action against you; otherwise, in the relationship between an employee and employer, no forced employment is sustainable in the eyes of the law.
Please reply to the thread indicating whether you have signed any bond or not. Otherwise, in my opinion, you are free to resign. If you are also willing to serve the notice period agreed upon in the appointment letter, there is nothing better than that. If they force you to work or threaten you to spoil your career, you can complain against your employer before the Local Labor Commissioner. This, in our technical terms, can be called unfair labor practices, which are very much illegal and punishable by jail term and fine.
The Apex court has ruled in many judgments very clearly on the above issue, and you must not worry and must not succumb to the undue and illegal pressure built by the management.
Stand tall and fight for your rights.
From India, New Delhi
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Please reply to the thread indicating whether you have signed any bond or not. Otherwise, in my opinion, you are free to resign. If you are also willing to serve the notice period agreed upon in the appointment letter, there is nothing better than that. If they force you to work or threaten you to spoil your career, you can complain against your employer before the Local Labor Commissioner. This, in our technical terms, can be called unfair labor practices, which are very much illegal and punishable by jail term and fine.
The Apex court has ruled in many judgments very clearly on the above issue, and you must not worry and must not succumb to the undue and illegal pressure built by the management.
Stand tall and fight for your rights.
From India, New Delhi
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Dear Anita,
There is legally nothing like a minimum lock-in period of service. Any employee in India is free to serve any employer for as long as they wish. The only exception to this is a legally valid service bond signed against significant training provided to an employee, which must involve a significant cost to the management.
Regards,
[Your Name]
From India, New Delhi
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There is legally nothing like a minimum lock-in period of service. Any employee in India is free to serve any employer for as long as they wish. The only exception to this is a legally valid service bond signed against significant training provided to an employee, which must involve a significant cost to the management.
Regards,
[Your Name]
From India, New Delhi
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If your terms of appointment do not restrict you, then the advice you have received above is what you need to follow. If you have no option or way to give your resignation to the management and get an acknowledgment of receipt, send it by RPAD (registered post acknowledgment due). That way, they cannot avoid it.
Regards,
From India, Chennai
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Regards,
From India, Chennai
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I guess your employer has taken it personally. You have to explain the entire episode and what you think might have caused this problem from the employer.
Steps to Address Your Resignation Issue
1. You will have an appointment letter where there should be a clause for resignation. If not, were you aware of this?
2. If you have submitted a notice, then send a copy to the labor office, clearly mentioning your case.
3. Do you owe the organization any considerable loans or advances, etc.?
I think every issue can be sorted out. Try to speak to your employer about this with a very humble attitude and be sorry, even if you are correct. This can help you get out of this trouble.
BEST OF LUCK
From India, Bangalore
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Steps to Address Your Resignation Issue
1. You will have an appointment letter where there should be a clause for resignation. If not, were you aware of this?
2. If you have submitted a notice, then send a copy to the labor office, clearly mentioning your case.
3. Do you owe the organization any considerable loans or advances, etc.?
I think every issue can be sorted out. Try to speak to your employer about this with a very humble attitude and be sorry, even if you are correct. This can help you get out of this trouble.
BEST OF LUCK
From India, Bangalore
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With all due respect to all seniors, I would like to share my experience.
1) Morally, resignation cases have to be settled amicably by both parties.
2) Many times, due to the job at hand, resigned employees want to leave the organization in a day or two. In these cases, it is very tough for employers to find a capable and competent replacement with such short notice.
3) Sometimes, a project/work is at its peak period, and the resigning person holds major information related to the project/work.
4) Morally, an employee cannot leave the employer in a stranded situation for their personal benefit only.
5) In these cases, the employer can sue the employee for "Damages" in civil court if the employee is a member of a critical project and the employer can prove the same in court.
6) I am sure the court will also not entertain cases where the employee is interested in leaving the organization on very short notice for their personal gain and immediate loss to the employer.
I hope the majority of HR members will agree with this.
"My employer is not accepting my resignation even after giving the notice period, citing that I am in the midst of a project. They are threatening to issue a legal notice if I do not withdraw my resignation. What should I do?"
From India, Pune
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1) Morally, resignation cases have to be settled amicably by both parties.
2) Many times, due to the job at hand, resigned employees want to leave the organization in a day or two. In these cases, it is very tough for employers to find a capable and competent replacement with such short notice.
3) Sometimes, a project/work is at its peak period, and the resigning person holds major information related to the project/work.
4) Morally, an employee cannot leave the employer in a stranded situation for their personal benefit only.
5) In these cases, the employer can sue the employee for "Damages" in civil court if the employee is a member of a critical project and the employer can prove the same in court.
6) I am sure the court will also not entertain cases where the employee is interested in leaving the organization on very short notice for their personal gain and immediate loss to the employer.
I hope the majority of HR members will agree with this.
"My employer is not accepting my resignation even after giving the notice period, citing that I am in the midst of a project. They are threatening to issue a legal notice if I do not withdraw my resignation. What should I do?"
From India, Pune
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Legal Commentary on Resignation and Notice Period
Dear Prashant, let me comment on a few points legally:
Point 5: Legal Implications of Not Serving Notice Period
No employer can sue an employee for damages on the grounds that the person has not served the entire notice period or any notice period at all. Although the employer can request payment for a short notice period served or none served legally, anything beyond that is not enforceable by law. The company cannot force someone to serve notice, even if they have critical project knowledge.
Point 6: Employee Rights Regarding Notice Period Payment
If the employee is willing to pay the notice period amount, contrary to what you are saying, the court will protect the interest of the employee, as forced employment is illegal in India, and this scenario is squarely covered under the definition of forced labor.
Regards
From India, New Delhi
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Dear Prashant, let me comment on a few points legally:
Point 5: Legal Implications of Not Serving Notice Period
No employer can sue an employee for damages on the grounds that the person has not served the entire notice period or any notice period at all. Although the employer can request payment for a short notice period served or none served legally, anything beyond that is not enforceable by law. The company cannot force someone to serve notice, even if they have critical project knowledge.
Point 6: Employee Rights Regarding Notice Period Payment
If the employee is willing to pay the notice period amount, contrary to what you are saying, the court will protect the interest of the employee, as forced employment is illegal in India, and this scenario is squarely covered under the definition of forced labor.
Regards
From India, New Delhi
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Discussion on Legal vs. Moral Aspects of Resignation
We need to talk about the legal, not moral, aspect here. In any case, there is nothing immoral about wanting to leave a job. No one is bound to serve another. The days of honor and the feudal system of living to serve your master have gone 200 years ago.
Tell me, will the employer take moral responsibility and keep the employee on the payroll after the project is over? Why should the employee be bound to work until the employer needs him instead of going to a place that serves his own interests better?
No, the employee needs to give notice, and there is no moral or legal obligation to make him work a day beyond that. The employer has not done a favor by giving the person a job.
In the above case, the employee has specifically said he has given notice.
Please tell me, why not? Will the same employer be willing to continue paying salary when he does not need the employee anymore? Especially at a time when the employee himself can't find a job in the market?
No way! The concept of bonded labor is over years ago, specifically banned by law, especially where the employee leaves after giving required notice and pay.
From India, Mumbai
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We need to talk about the legal, not moral, aspect here. In any case, there is nothing immoral about wanting to leave a job. No one is bound to serve another. The days of honor and the feudal system of living to serve your master have gone 200 years ago.
Tell me, will the employer take moral responsibility and keep the employee on the payroll after the project is over? Why should the employee be bound to work until the employer needs him instead of going to a place that serves his own interests better?
No, the employee needs to give notice, and there is no moral or legal obligation to make him work a day beyond that. The employer has not done a favor by giving the person a job.
In the above case, the employee has specifically said he has given notice.
Please tell me, why not? Will the same employer be willing to continue paying salary when he does not need the employee anymore? Especially at a time when the employee himself can't find a job in the market?
No way! The concept of bonded labor is over years ago, specifically banned by law, especially where the employee leaves after giving required notice and pay.
From India, Mumbai
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Understanding the Employer's Perspective
Let us look at this, for a moment, from the employer's perspective. There is a project going on, and the person who has submitted their resignation halfway through the project is an important part of it. If this person is relieved of their duties, the impact will be such that the management or the project leader has to find a replacement. That person has to be briefed, and the responsibility passed on to the new person. How much lead time will be required for completing this process?
These days, youngsters join a company in the morning, and during the daytime, they find that the job is not exciting or interesting. They decide to quit the job by the evening!
Considering the Organization's Viewpoint
The youngster should get behind the eyeballs of the organization and see for themselves how it would be if they were the CEO of the company or the Project in charge. The company is answerable to the client, and the delay that may be caused due to the sudden departure of one of the project employees.
So, the problem should be viewed from all perspectives. Maybe the HR person in the company may not be well-versed in the rules and regulations, but the appointment letter should be read thoroughly and understood. All of us here are like the five blind persons groping around an elephant trying to figure it out!
Best wishes
From India, Bengaluru
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Let us look at this, for a moment, from the employer's perspective. There is a project going on, and the person who has submitted their resignation halfway through the project is an important part of it. If this person is relieved of their duties, the impact will be such that the management or the project leader has to find a replacement. That person has to be briefed, and the responsibility passed on to the new person. How much lead time will be required for completing this process?
These days, youngsters join a company in the morning, and during the daytime, they find that the job is not exciting or interesting. They decide to quit the job by the evening!
Considering the Organization's Viewpoint
The youngster should get behind the eyeballs of the organization and see for themselves how it would be if they were the CEO of the company or the Project in charge. The company is answerable to the client, and the delay that may be caused due to the sudden departure of one of the project employees.
So, the problem should be viewed from all perspectives. Maybe the HR person in the company may not be well-versed in the rules and regulations, but the appointment letter should be read thoroughly and understood. All of us here are like the five blind persons groping around an elephant trying to figure it out!
Best wishes
From India, Bengaluru
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I agree that if an employee resigns halfway through a project, the project may get delayed. However, in such cases, both parties should resolve the issue amicably. Threatening an employee with a legal notice is nothing but an unfair labor practice and amounts to mental torture. Instead, the employee can take legal action against the employer in such situations.
Regards,
Kamal
From India, Pune
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Regards,
Kamal
From India, Pune
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The same thing happened to me. I have submitted my resignation to my boss and superior boss, including our corporate HR too, but they are advising me to discuss it with my reporting manager. I don't want to continue my job in this company. My manager threatened me that he will not clear my ND Certificate and final settlement. Please advise.
From India, Guwahati
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From India, Guwahati
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Dear Team,
I have initiated my resignation process and would like to inform you that it is for a 90-day notice period. However, I wish to be released within 30 days from my current company. Unfortunately, they are not willing to relieve me during this timeframe nor are they open to negotiating the notice period or providing a buyout option.
Please advise me on what steps to take in this situation. I have only sent my resignation initiation email, and they have not responded with a refusal nor have they accepted my request for a 30-day notice period.
Thank you.
From India, undefined
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I have initiated my resignation process and would like to inform you that it is for a 90-day notice period. However, I wish to be released within 30 days from my current company. Unfortunately, they are not willing to relieve me during this timeframe nor are they open to negotiating the notice period or providing a buyout option.
Please advise me on what steps to take in this situation. I have only sent my resignation initiation email, and they have not responded with a refusal nor have they accepted my request for a 30-day notice period.
Thank you.
From India, undefined
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