Hi, my name is Rajat. I have been working with a company in Bangalore. I submitted my resignation on the 15th of December and requested to be relieved within 15 days with all necessary formalities completed. I have been in communication with my manager since submitting my resignation, but they continue to delay and have not accepted it. There is no signed contract specifying a particular notice period I am required to serve, nor was there any mention of it in the offer letter provided to me. Now, as I seek to leave, the company is insisting on a random notice period. Could you please advise me on the course of action if I decide to depart from the company on the date mentioned in my resignation, even without their formal acceptance?
From India, Bengaluru
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From India, Bengaluru
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Notice Period and Company Regulations
The Notice Period (NP) clause may be missing in your appointment order, but the general provision that "You will be governed by the rules and regulations of the company" will necessitate your serving out the NP.
If you leave the service without completing the Full and Final (F&F) settlement process, you are running the risk of its consequences. The management may not accept your resignation but may instead terminate you from services. In such cases, in the event of any Background Verification (BGV) later, the report from this employer may not be helpful to you. In case you are covered under the PF Act 1952, when you try to join any new establishment and PF thereof, the fact of your previous employment will come to light.
From India, Mumbai
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1593The Notice Period (NP) clause may be missing in your appointment order, but the general provision that "You will be governed by the rules and regulations of the company" will necessitate your serving out the NP.
If you leave the service without completing the Full and Final (F&F) settlement process, you are running the risk of its consequences. The management may not accept your resignation but may instead terminate you from services. In such cases, in the event of any Background Verification (BGV) later, the report from this employer may not be helpful to you. In case you are covered under the PF Act 1952, when you try to join any new establishment and PF thereof, the fact of your previous employment will come to light.
From India, Mumbai
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Hi KK, thanks for your reply. I will be ready to accept the notice period as per their company policy, but how would I know if the company policy they share with me is valid or not? Does the company policy have to be registered somewhere legally? If not, does that mean the company can do whatever they want, but employees cannot? I believe company policies have to be shared with the employee either through an agreement or email at the time of joining. What is the use of a company policy if they share it after my resignation?
From India, Bengaluru
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From India, Bengaluru
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Dear Rajat, Mr. KK!HR did not use the term "company policy" in his reply but only pointed out the rules and regulations of the company as would be in force from time to time. But, as you said, they cannot be kept secret, and it is mandatory that the employee should be kept informed always when new rules are added.
Strictly speaking, the conditions pertaining to exit on unilateral termination of the contract of employment should find a place in the appointment letter itself; failing which, it can be presumed that no such condition is in force. However, you should remember the indisputable fact that the employer is a dominant party in the contract of employment, and he can delay the acceptance of your resignation on the ground of exigencies of work. Exiting on your own without the formal acceptance of your resignation may end up in the presumption of abscondence, which can be negatively reflected in the BGV as suggested by the learned respondent earlier. Therefore, in the interest of your future career, you should try to make your exit very formal, smooth, and peaceful.
From India, Salem
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Strictly speaking, the conditions pertaining to exit on unilateral termination of the contract of employment should find a place in the appointment letter itself; failing which, it can be presumed that no such condition is in force. However, you should remember the indisputable fact that the employer is a dominant party in the contract of employment, and he can delay the acceptance of your resignation on the ground of exigencies of work. Exiting on your own without the formal acceptance of your resignation may end up in the presumption of abscondence, which can be negatively reflected in the BGV as suggested by the learned respondent earlier. Therefore, in the interest of your future career, you should try to make your exit very formal, smooth, and peaceful.
From India, Salem
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