Dear Seniors,
I have been working with a software firm for the last one and a half years. I am the only person handling the HR department here, and my Managing Director (MD) is pleased with my performance. Recently, I received an opportunity to transition to a manufacturing industry. Since I am keen on exploring different verticals within the HR domain, I accepted the offer. This transition is urgent, and the company requires me to join as soon as possible. Therefore, I kindly request a 9-day notice period to join, even though my current company has a policy of a one-month notice period. Upon submitting my resignation to my MD, he informed me that he will not release me since I did not provide the required one-month notice period, nor will he accept my resignation.
I seek your advice on how to proceed in this situation. Given that there is no one else in the HR department to whom I can submit my resignation, I am in a dilemma. Although I am actively looking for a replacement, I am unsure if this can be achieved in time given that my MD might not be inclined to hire a new candidate at a higher salary.
All communications with my MD have been documented via email. Can I present these emails as proof of my resignation, or should I request my prospective employer to extend the joining time, which they may not agree to?
This is an urgent decision that I need to make as soon as possible, preferably today. Your assistance would be greatly appreciated.
Thank you in advance.
Regards,
Mpaul
From India, Ahmadabad
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5I have been working with a software firm for the last one and a half years. I am the only person handling the HR department here, and my Managing Director (MD) is pleased with my performance. Recently, I received an opportunity to transition to a manufacturing industry. Since I am keen on exploring different verticals within the HR domain, I accepted the offer. This transition is urgent, and the company requires me to join as soon as possible. Therefore, I kindly request a 9-day notice period to join, even though my current company has a policy of a one-month notice period. Upon submitting my resignation to my MD, he informed me that he will not release me since I did not provide the required one-month notice period, nor will he accept my resignation.
I seek your advice on how to proceed in this situation. Given that there is no one else in the HR department to whom I can submit my resignation, I am in a dilemma. Although I am actively looking for a replacement, I am unsure if this can be achieved in time given that my MD might not be inclined to hire a new candidate at a higher salary.
All communications with my MD have been documented via email. Can I present these emails as proof of my resignation, or should I request my prospective employer to extend the joining time, which they may not agree to?
This is an urgent decision that I need to make as soon as possible, preferably today. Your assistance would be greatly appreciated.
Thank you in advance.
Regards,
Mpaul
From India, Ahmadabad
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Dear Manas,
If your present company insists on a release letter, nothing can be done. It was your mistake to commit to them that you can join before your notice period. The employer can ask you to serve the notice period, which is absolutely logical and reasonable. Moreover, in your case, it is more because you are the lone person.
Now, if you want to abandon the job, then send your resignation through registered mail with acknowledgment/delivery. In this case, you will not receive a release letter. If your accrued dues are less than the payment you need to make to your company due to the short notice period, then your current company, if it wishes, can bar you from taking up a new job and compel you to pay the deficit.
The best thing would be to talk with your managing director and try convincing him. In the meantime, carry on with your search for a replacement.
Regards,
SC
From India, Thane
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If your present company insists on a release letter, nothing can be done. It was your mistake to commit to them that you can join before your notice period. The employer can ask you to serve the notice period, which is absolutely logical and reasonable. Moreover, in your case, it is more because you are the lone person.
Now, if you want to abandon the job, then send your resignation through registered mail with acknowledgment/delivery. In this case, you will not receive a release letter. If your accrued dues are less than the payment you need to make to your company due to the short notice period, then your current company, if it wishes, can bar you from taking up a new job and compel you to pay the deficit.
The best thing would be to talk with your managing director and try convincing him. In the meantime, carry on with your search for a replacement.
Regards,
SC
From India, Thane
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Dear Swastik,
Thank you very much for your valuable suggestion. Will talking with the prospective employer to increase the joining time result in a negative perception of my employment? They have asked for the resignation acceptance right now, and the relieving has to be produced later.
Regards,
Manas
From India, Ahmadabad
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Thank you very much for your valuable suggestion. Will talking with the prospective employer to increase the joining time result in a negative perception of my employment? They have asked for the resignation acceptance right now, and the relieving has to be produced later.
Regards,
Manas
From India, Ahmadabad
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Dear Manas,
No, a sensible company will understand your problems, but it was a mistake on your part to make a commitment. Look, if they insist on a release letter, you will have to convince your MD. For example, if you join now by the method I suggested (Registered A/D), they will allow you to join, but your MD will not provide you with the release letter. Therefore, if the release letter is a compulsory and essential part, then the only way out is to convince your MD.
Regards,
SC
From India, Thane
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No, a sensible company will understand your problems, but it was a mistake on your part to make a commitment. Look, if they insist on a release letter, you will have to convince your MD. For example, if you join now by the method I suggested (Registered A/D), they will allow you to join, but your MD will not provide you with the release letter. Therefore, if the release letter is a compulsory and essential part, then the only way out is to convince your MD.
Regards,
SC
From India, Thane
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