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I have been working for an IT company for 2.7 years as a software engineer. I recently received an offer from another company and have submitted my resignation. I am currently requesting a relieving letter from my current employer. The notice period in my current company is 3 months, and I have already served 1 month of notice, requesting a 2-month buyout.

Offer Letter Terms

As per the offer letter: "The employment shall be terminated by either party by giving 3 months notice or payment of the salary in lieu thereof, and either party is not bound to give any reason therefore."

I have spoken to HR, but they have refused to provide me with a relieving letter or even reply to my resignation email. Additionally, the new company I am planning to join has declined to extend the joining date.

Please suggest how I can obtain the relieving letter and successfully join the new company.

Regards

From India, Bangalore
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In that case, you need to speak to your supervisor/boss and HOD and share your concerns first. There is no need to speak to HR directly as they can simply do their job. However, the job of your HOD/TL is to provide departmental clearance to you, so after obtaining clearance from them, you can then speak to HR.

Please let us know whether you resigned by email or followed the proper procedures, and whether you have handed over your work or not.

The factors mentioned above play a crucial role here, and it seems that you have resigned via email and are now waiting for acceptance and the relieving letter in response to your request. This is not the ethical or professional way to resign under normal circumstances.

Please reply with answers so that you can receive appropriate and helpful responses that you are seeking.

From India, Gurgaon
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Reminder of Resignation and Relieving

This is to mention that I had sent my resignation via email/self-delivered letter on [DATE] to [HR/Authority NAME]. Even after following up, I have not been updated on this matter. Therefore, I hereby tender a final notice stating the following:

I wish to resign from my employment and would like you to relieve me at the earliest.

As per the separation policy mentioned in the appointment letter clause no. [ ], it states that "The employment shall be terminated by either party by giving 3 months' notice or payment of the salary in lieu thereof, and either party is not bound to give any reason therefore."

Thus, as per the clause, I am willing to serve one month's notice from the actual date of handing over the resignation, i.e., [DATE]. Therefore, my last working day shall be [Last Working Day]. Regarding the remaining 2 months' notice, I am willing to opt for the notice buyout option and pay my 2 months' salary in lieu of notice.

I reiterate that I would appreciate receiving the relieving and experience letter on the last day of work, as well as settling the Full and Final (F&F) on the last day itself, clearing all dues on both sides.

Kindly acknowledge the receipt of this.

Regards,

Your Name

Your Designation

==================================

Duplicate the copy, go and hand-deliver the letter, and obtain an acknowledgment signature on the duplicate. If they decline to acknowledge receipt, reprint it and send it via registered mail to the office address. By doing so, you have fulfilled your part, and the employer's responsibility is initiated.

I await senior advice as well.

From India, Mumbai
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Thank you for the reply. I have submitted my resignation through email, for which I didn't receive any kind of response from the management or my HR. It's a small to midsize company.

Thank you for your reply as well. I have informed my new company's HR (it's an MNC) that I will be joining without the relieving letter but will be submitting an affidavit stating that I am no longer an employee of the previous company, clearly mentioning the buyout as well. They mentioned they need to consult with the background verification team about this. I am concerned that they may not accept this affidavit.

The HR of the new company has requested at least a confirmation from my HR that they have acknowledged my resignation email. However, the management, Team Leader, and even the HR have declined to respond to my resignation email. I am hopeful that the new company will accept the affidavit, which I will find out tomorrow. If not, I will risk losing this offer. Please keep me updated if there are any alternative solutions.

Regards,

From India, Bangalore
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Resignation Process and Professional Etiquette

As I was right, and you have also accepted that you resigned via email, I would like to remind you again that this was not the correct procedure for resigning from a position under normal conditions. This is possibly the reason for the problems you are facing today.

When is Email Resignation Acceptable?

Email resignation and communication are acceptable when an employee is not at work due to health or any valid reason and cannot return to the office. In such cases, the employee must mention the valid reason. However, this is not acceptable under normal employment conditions.

Normal conditions imply a situation where an employee is at work, in good health, and able to follow the applicable resignation procedures outlined in the appointment or joining letter. The employee must hand over responsibilities to their immediate supervisor, team leader, boss, HR, or any responsible colleague assigned by authority. They must also obtain departmental clearance, including the handover of work, data/files, IT/Admin assets, and get clearance from the respective authority.

How can any employer accept the resignation of an employee via email without adhering to the aforesaid conditions and procedures?

Employers and employees are bound to obey the agreed terms and conditions of employment. Neither is permitted to disobey these terms, as doing so creates conflicts, as seen in this case.

Notice Period Issues and Conflicts

We all know and correspond with candidates, employees, employers, and others daily about these notice period issues and conflicts. We observe the same breaches of employment terms and conditions, yet mistakes are repeated. This is a serious problem for everyone involved, including employees, employers, students, professionals, and researchers.

How can an employee treat their employment and responsibilities with such irresponsibility? If an employee expects or deserves the right to an appointment letter before joining and agrees to the terms, then the employer deserves the right to have the appropriate procedure followed by the employee.

Professionalism, professional etiquette, employment terms and conditions, procedures, and policies exist for a reason. They are valuable and must be applied.

She has resigned by email, but who will confirm whether it has been accepted? She admitted that she has not formally handed over her work responsibilities or obtained clearance. Who will be responsible for any unfavorable outcomes for the employer? Can any employer accept such a situation and ignore the proper procedure for relieving a candidate?

"A wrong question can only get a wrong answer." Moreover, she has not visited them personally and, if I'm not wrong, has stopped going to the office without informing them or took leave and subsequently resigned by email.

Advice for Sneha

As I mentioned in my previous response, I urge you to visit your employer personally and speak to them—your immediate supervisor, boss, or HR—and get their actual responses and demands. Do not waste time with email communication or waiting for clearance from your employer.

Importance of Following Employment Terms

Company size doesn’t matter, but the procedure, terms, and conditions, along with the actions we perform and the responses of others, do.

To all employees and candidates: Do not forget to follow the agreed employment terms and conditions when resigning. Everyone deserves the right to look forward to future growth and new opportunities, but irresponsible and unprofessional acts can lead to unfavorable situations, even during background checks by future employers.

The Cite Community, members, seniors, and experts can only suggest or direct you on how to proceed, but it is you who must take action.

"Only you and your actions can solve your problems."

Best of Luck.

From India, Gurgaon
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