Resignation Process and Notice Period
I served in a company as Assistant Manager, Finance. After completing 3 years, I tendered my resignation due to an opportunity in another organization. I submitted my resignation to my boss, who initially did not accept it and tried to negotiate with me, but I was firm in my decision. He eventually accepted the resignation. According to the appointment order, I had to serve a 3-month notice period. However, I requested to be relieved sooner due to other commitments and agreed to the recovery of the unserved notice period. He did not respond. When I submitted my resignation via email, he insisted that I should not mark HR directly, as he had to forward it as per practice. I complied. I verbally requested him to release me in 45 days, but he remained unresponsive. Despite sending several emails and having verbal discussions, he did not accept any of my requests and instructed me to continue working until the end of my notice period.
Due to unavoidable circumstances, I left the organization after completing 62 days of the notice period. Before leaving, I sent a final email to my boss stating that I could not continue after a certain date and had a verbal discussion. Initially, he verbally agreed to release me and requested me to return later to review the handover details, to which I agreed. I attended one day after the agreed-upon date, but he did not treat me well, and I left. Subsequently, I received a letter from HR regarding long absenteeism, which surprised me. I immediately replied to that letter, attaching communication emails with my boss regarding the short notice and handover details. I also visited their office and met with the HR head to explain my issues. They requested me to come on weekends to clarify certain tasks I handled, which I did with verbal consent from my new employer.
After that, they processed my Full and Final (F&F) settlement, where they mentioned my date of relieving as different from the actual date. When I inquired about this with the HR head, he mentioned that I left the company on short notice, and my boss delayed giving acceptance of the relieving, even after deducting the recovery for the short notice period. Therefore, they fixed the date of relieving as per their F&F processing date. They also mentioned that they would issue the service certificate on the same date. Is there any law that states if a person does not serve the full notice period, the employer has the legal right to issue the relieving order and service certificate with a date of their choosing?
Please clarify.
From India, Chennai
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I served in a company as Assistant Manager, Finance. After completing 3 years, I tendered my resignation due to an opportunity in another organization. I submitted my resignation to my boss, who initially did not accept it and tried to negotiate with me, but I was firm in my decision. He eventually accepted the resignation. According to the appointment order, I had to serve a 3-month notice period. However, I requested to be relieved sooner due to other commitments and agreed to the recovery of the unserved notice period. He did not respond. When I submitted my resignation via email, he insisted that I should not mark HR directly, as he had to forward it as per practice. I complied. I verbally requested him to release me in 45 days, but he remained unresponsive. Despite sending several emails and having verbal discussions, he did not accept any of my requests and instructed me to continue working until the end of my notice period.
Due to unavoidable circumstances, I left the organization after completing 62 days of the notice period. Before leaving, I sent a final email to my boss stating that I could not continue after a certain date and had a verbal discussion. Initially, he verbally agreed to release me and requested me to return later to review the handover details, to which I agreed. I attended one day after the agreed-upon date, but he did not treat me well, and I left. Subsequently, I received a letter from HR regarding long absenteeism, which surprised me. I immediately replied to that letter, attaching communication emails with my boss regarding the short notice and handover details. I also visited their office and met with the HR head to explain my issues. They requested me to come on weekends to clarify certain tasks I handled, which I did with verbal consent from my new employer.
After that, they processed my Full and Final (F&F) settlement, where they mentioned my date of relieving as different from the actual date. When I inquired about this with the HR head, he mentioned that I left the company on short notice, and my boss delayed giving acceptance of the relieving, even after deducting the recovery for the short notice period. Therefore, they fixed the date of relieving as per their F&F processing date. They also mentioned that they would issue the service certificate on the same date. Is there any law that states if a person does not serve the full notice period, the employer has the legal right to issue the relieving order and service certificate with a date of their choosing?
Please clarify.
From India, Chennai
Acknowledge(0)Amend(0)
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Termination from Employment.pdf