I have resigned from a company and have accepted a role starting October 1st. I had a discussion with HR, and they informed me that I cannot resign until my resignation has been accepted. Additionally, I will not be able to leave until a replacement is found and knowledge transfer is completed. I am planning to submit an immediate resignation letter, indicating that I am resigning without requiring any documents from the company as I am transitioning to a different domain. Could you please advise if my actions are appropriate?
From India, Mumbai
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From India, Mumbai
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Hi, It is lawful for employees to leave their jobs at any moment by submitting a resignation letter to the employer. However, serving the proper notice period as per employment terms is a must. An employer cannot hold the resignation of an employee just because they are not able to find a suitable replacement. So, in all fairness, you need to serve the proper notice period as per your employment terms. Absconding without information (even after submitting resignation) is not right. Even if you change your domain, wherever possible, try to negotiate with your employer and get properly relieved. During future background verification processes, your current employer may share negative feedback. Also, if you have PF, you might encounter overlapping issues with relieving and joining dates. So, just apply your mind and make a decision.
From India, Madras
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1015From India, Madras
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I have sent a resignation stating that I want it reduced to a month. In my next letter, I'm mentioning that I can only commit to a 1-month notice period provided it is WFH. Otherwise, I shall resign effective immediately and pay any compensation if applicable.
From India, Mumbai
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From India, Mumbai
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Hi, Please talk to your HR by person and look for amicable solution.
From India, Madras
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From India, Madras
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Employee's Right to Resign
To work or not to work further is the discrete right of the employee. The employee is free to make that decision and can resign from the job when he/she considers it proper. The acceptance or non-acceptance of the resignation is the employer's decision. The day the employee's resignation is received by the employer marks the beginning of the notice period.
Notice Period Obligations
In legal terms, the employee must continue the job until the last day of the notice period. The employer is obligated by law to terminate the employment within the notice period unless the employee is involved in any disciplinary action or ongoing proceedings. Similarly, the employee is bound by the terms of the appointment. Any relaxation in the notice period or exemption from any exit clauses is at the discretion of the employer.
From India, Mumbai
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To work or not to work further is the discrete right of the employee. The employee is free to make that decision and can resign from the job when he/she considers it proper. The acceptance or non-acceptance of the resignation is the employer's decision. The day the employee's resignation is received by the employer marks the beginning of the notice period.
Notice Period Obligations
In legal terms, the employee must continue the job until the last day of the notice period. The employer is obligated by law to terminate the employment within the notice period unless the employee is involved in any disciplinary action or ongoing proceedings. Similarly, the employee is bound by the terms of the appointment. Any relaxation in the notice period or exemption from any exit clauses is at the discretion of the employer.
From India, Mumbai
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What our members Prabhat Ranjan and Lakshmi Narayanan mentioned is right. Leave on a positive note by adhering to the terms and conditions of your contract.
Even for argument's sake, if you don't include your current experience in your resume, thinking it will not show up in verification and apply elsewhere, you may still get a job.
However, post-selection, if the company discovers it (for example, past EPF contributions), that in itself can be considered misconduct for withholding information. Large organizations take that seriously.
Talk to your HR department to find a solution.
In case you are pursuing higher studies, absconding may not be a significant issue, but I would still recommend leaving on a positive note.
Thanks
From India, undefined
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Even for argument's sake, if you don't include your current experience in your resume, thinking it will not show up in verification and apply elsewhere, you may still get a job.
However, post-selection, if the company discovers it (for example, past EPF contributions), that in itself can be considered misconduct for withholding information. Large organizations take that seriously.
Talk to your HR department to find a solution.
In case you are pursuing higher studies, absconding may not be a significant issue, but I would still recommend leaving on a positive note.
Thanks
From India, undefined
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I've submitted my resignation, but the management is refusing it, claiming that the letter won't be effective until they accept it. Additionally, they are threatening to provide the new employer with negative comments. I've successfully completed all of my tasks and responsibilities, including my one-month notice. Are they allowed to threaten me? Will this affect my new career?
From India, Chennai
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From India, Chennai
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Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf