Dear Sir,
Please find my attached appointment letter from my previous employer. As I was on a probation period there, I submitted my resignation and served a notice period of 9 days by mail because my head office and HR are in Delhi, while I was in Ahmedabad. I had given a 9-day notice period as per the appointment letter issued to me.
Now, on the last day of work, they sent me an email informing me that they are not ready to release me until a new employee comes, and they have withheld my salary and F&F. After 22 days of leaving the company, they sent a letter to my home stating that I have been absent from the company for the last 22 days and advising me to respond in writing, or they will take legal action against me.
So, I request your advice on what to do in such a case. Can I file a legal notice against the company to claim my salary as I have followed all the rules? My concern is that if you read my appointment letter, it is mentioned that a 7-day notice period is required, and it also states that the resignation would only become effective from the date of acceptance thereof. They are now arguing with me based on the above statement.
I believe this is unfair because if the employer does not accept my resignation for the next 6 months, it is not necessary for me to continue working there. Kindly advise on the next steps.
Regards,
Nirmal Darji
[Phone Number Removed For Privacy Reasons]
From India, Ahmedabad
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Please find my attached appointment letter from my previous employer. As I was on a probation period there, I submitted my resignation and served a notice period of 9 days by mail because my head office and HR are in Delhi, while I was in Ahmedabad. I had given a 9-day notice period as per the appointment letter issued to me.
Now, on the last day of work, they sent me an email informing me that they are not ready to release me until a new employee comes, and they have withheld my salary and F&F. After 22 days of leaving the company, they sent a letter to my home stating that I have been absent from the company for the last 22 days and advising me to respond in writing, or they will take legal action against me.
So, I request your advice on what to do in such a case. Can I file a legal notice against the company to claim my salary as I have followed all the rules? My concern is that if you read my appointment letter, it is mentioned that a 7-day notice period is required, and it also states that the resignation would only become effective from the date of acceptance thereof. They are now arguing with me based on the above statement.
I believe this is unfair because if the employer does not accept my resignation for the next 6 months, it is not necessary for me to continue working there. Kindly advise on the next steps.
Regards,
Nirmal Darji
[Phone Number Removed For Privacy Reasons]
From India, Ahmedabad
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Based on my experience, you cannot leave the company until they accept your request. Therefore, please speak with your management and request to be released from your duties. Could you please share the reason for your resignation? It would be beneficial to discuss this with the human resources department. They can help you find a solution, whether you are looking for a transfer, promotion, or increased compensation.
From India, Hyderabad
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2From India, Hyderabad
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I agree with Bhargavi; you must not leave your company or stop your work abruptly when you are aware that your management has not accepted your resignation. However, you do have the right to resign with a notice period of one week.
Review the Appointment Letter
Secondly, you should review the Appointment Letter, specifically clause #8 regarding Resignation. It clearly states that you cannot be relieved of your duties until your resignation is accepted by them or without handing over the charge. By ceasing to attend work and continuing without authorization, they were forced to mark you as absent and send you this letter.
Take Responsibility and Communicate
We can provide guidance, but ultimately, it is your responsibility to take action. Without communicating with your HR department in this matter, you will not find a resolution.
I echo Bhargavi's sentiments and would like to understand the reasons behind your actions leading to the resignation. Instead of being absent or ceasing work, you could have requested a proper relief by providing valid reasons. It is essential that you now engage with your HR personnel regarding this matter and keep us informed of any progress.
From India, Gurgaon
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Review the Appointment Letter
Secondly, you should review the Appointment Letter, specifically clause #8 regarding Resignation. It clearly states that you cannot be relieved of your duties until your resignation is accepted by them or without handing over the charge. By ceasing to attend work and continuing without authorization, they were forced to mark you as absent and send you this letter.
Take Responsibility and Communicate
We can provide guidance, but ultimately, it is your responsibility to take action. Without communicating with your HR department in this matter, you will not find a resolution.
I echo Bhargavi's sentiments and would like to understand the reasons behind your actions leading to the resignation. Instead of being absent or ceasing work, you could have requested a proper relief by providing valid reasons. It is essential that you now engage with your HR personnel regarding this matter and keep us informed of any progress.
From India, Gurgaon
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Thank you so much for your valuable suggestion. First, I resigned because there was no work over there. The entire day I had to spend time, and there was no knowledgeable work; it was mainly a time-pass job, and I am at a stage where I need to learn a lot.
Secondly, if the company doesn't accept my resignation for the next 6 months, is it necessary to work until the next month? I resigned because I started my own business, a travel agency, which is the same field as where I worked before. I gave a valid reason and explained everything, but they are not ready to understand and compromise with me. I did everything according to the organization's rules; I gave a notice of 9 days where they required 7 days in the probation period.
Now, I just want to know which steps they will take against me and what steps I will be authorized to take to get my last month's salary. I hope you both understand an employee's situation. I think nobody can stop any employee from leaving his place if he wants.
Regards,
Nirmal
From India, Ahmedabad
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Secondly, if the company doesn't accept my resignation for the next 6 months, is it necessary to work until the next month? I resigned because I started my own business, a travel agency, which is the same field as where I worked before. I gave a valid reason and explained everything, but they are not ready to understand and compromise with me. I did everything according to the organization's rules; I gave a notice of 9 days where they required 7 days in the probation period.
Now, I just want to know which steps they will take against me and what steps I will be authorized to take to get my last month's salary. I hope you both understand an employee's situation. I think nobody can stop any employee from leaving his place if he wants.
Regards,
Nirmal
From India, Ahmedabad
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Your employer can't take any legal action, but they can hold your F&F. We know they have done their job, which brings us to discuss this case here. Now, you just need to request your HR personnel with a written letter, referring to your resignation (date and reasons) to relieve you. However, do not claim that you have complied with the stated terms and conditions of resignation.
Second, there is no need to mention that you have started your own business in the same industry. As Mr. Bhargavi said, no company would encourage their competitors, and this may make it more difficult for you to convince them. However, you deserve the right to get your F&F, and you can obtain it wisely with a humble request.
From India, Gurgaon
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Second, there is no need to mention that you have started your own business in the same industry. As Mr. Bhargavi said, no company would encourage their competitors, and this may make it more difficult for you to convince them. However, you deserve the right to get your F&F, and you can obtain it wisely with a humble request.
From India, Gurgaon
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Your relieving clause is already mentioned in your appointment letter, and you have also accepted the same. It would be better if you could contact your HR or an expert labor lawyer.
With Regards,
Vineet Deshmukh
From India, Yavatmal
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With Regards,
Vineet Deshmukh
From India, Yavatmal
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I need some information from your end. Before leaving the organization, you did not give any hard copy of your resignation to your Department Head for approval, nor did you provide any hard copy of the resignation acceptance scan copy to HR at the Delhi office. If you have submitted it, you must have a received copy of the courier or mail.
If you have that proof, it will be sufficient to show that you resigned before the 7-day notice period as stated in your appointment letter. As you are still in the probation period, you can resign by giving one week's notice in writing.
If you have all the received copies, please directly approach the HR personnel in Delhi for a solution.
Regards,
Ratikanta Rath
From India, Durgapur
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If you have that proof, it will be sufficient to show that you resigned before the 7-day notice period as stated in your appointment letter. As you are still in the probation period, you can resign by giving one week's notice in writing.
If you have all the received copies, please directly approach the HR personnel in Delhi for a solution.
Regards,
Ratikanta Rath
From India, Durgapur
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Thank you very much for your valuable suggestion. I sent my resignation to HR by mail, and I have a copy of that. I also sent my resignation by courier at my personal expense, so I have proof. Now they sent me an email on my last day stating that they will not release me until a new person is hired. In that case, if the employer doesn't find a replacement, what should I do? I cannot wait until a new person is hired. Any management or HR department never makes it easy to leave; they may create difficulties in any way. As Ratnakaran mentioned, Nirmal.
From India, Ahmedabad
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From India, Ahmedabad
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First of all, it is a wrong perception that "Management can exploit any employee." If you follow the right procedures, no one can bring you into trouble.
Resignation Approval Process
Coming to the topic of sending resignation to the HR Department in Delhi, has it been approved by the Department Head? If yes, then they can't trouble you.
Regards,
Ratikanta Rath
From India, Durgapur
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Resignation Approval Process
Coming to the topic of sending resignation to the HR Department in Delhi, has it been approved by the Department Head? If yes, then they can't trouble you.
Regards,
Ratikanta Rath
From India, Durgapur
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No, they haven't approved it. They sent me an email stating that they will not accept my resignation until a new employee is hired. In this case, what will happen? Can I receive my salary, or will I get paid for the 22 days?
Regards,
Nirmal
From India, Ahmedabad
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Regards,
Nirmal
From India, Ahmedabad
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Before leaving the company, have you handed over all your documents to the company and provided a copy if you received one from them confirming the handover of the company documents you had in your possession?
Secondly, I have reviewed your appointment letter, and it does not mention that they cannot relieve any employee until they find a replacement for that employee.
Please send an official email to the HR department, stating that as a probationer, you have already given one week's notice in writing as per Clause 8 of the appointment letter. Kindly investigate the matter.
Also, remember to cc your MD as per Clause 15 of the appointment letter.
Regards,
Ratikanta Rath
From India, Durgapur
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Secondly, I have reviewed your appointment letter, and it does not mention that they cannot relieve any employee until they find a replacement for that employee.
Please send an official email to the HR department, stating that as a probationer, you have already given one week's notice in writing as per Clause 8 of the appointment letter. Kindly investigate the matter.
Also, remember to cc your MD as per Clause 15 of the appointment letter.
Regards,
Ratikanta Rath
From India, Durgapur
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Don't take the management perspective in a negative way. In this case, both are doing their jobs, and it doesn't mean to trouble you. Management will have certain targets while recruiting you, and all of a sudden, you come up with a resignation and ask for relieving as per the norms written in the offer letter. Here, you need to be wise and smart enough to easily transition from the company; at this time, being straightforward may not be helpful. Currently, you are thinking as an employee. As you mentioned that you are going to start a company, you will come to know how management faces typical situations.
The employee always thinks about personal matters, but management thinks about personnel. Regardless, you did the job correctly; instead of sending a notice to you, they could have explained the same reasons as mentioned above in a more convincing way. Let's hope for good news.
I hope they will release you after finding a replacement for your position. Please remember that finding a replacement in this competitive world is not an easy task; it means a lot.
My suggestion is to support your management and try to refer any of your friends for your position so you can leave the company promptly.
Wishing you good luck.
From India, Hyderabad
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The employee always thinks about personal matters, but management thinks about personnel. Regardless, you did the job correctly; instead of sending a notice to you, they could have explained the same reasons as mentioned above in a more convincing way. Let's hope for good news.
I hope they will release you after finding a replacement for your position. Please remember that finding a replacement in this competitive world is not an easy task; it means a lot.
My suggestion is to support your management and try to refer any of your friends for your position so you can leave the company promptly.
Wishing you good luck.
From India, Hyderabad
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