I argued with HR over the phone because of some previous similar misbehavior. After consideration, I sent my resignation. However, instead of receiving an acknowledgment letter briefing me on further procedures, they are accusing me of absconding and damaging the company's reputation. I did not run away, and I have been trying to explain the entire situation and the conversation between HR and me to the owner in writing. I simply wish to quit my job. Do I need to serve a notice period or not? They are completely disregarding my emails, messages, and calls. I am uncertain about when I can expect to receive my experience letter and salary. Please help.
From India, Mumbai
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From India, Mumbai
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When an employee intends to quit their job, they must submit a formal letter of resignation to the designated authority through their functional head.
The resignation should comply with the exit clause of the unilateral termination of the contract of employment as already stipulated or as in force for the time being. In other words, they should be prepared to serve the notice period or buy it out, subject to the consent of the employer.
During the notice period, the employee is not expected to take leave except on medical grounds, which can extend the notice period proportionately if the employer insists.
The notice period, being a period of transition only, requires the exiting employee to perform as diligently as possible to the satisfaction of their immediate superior and leave no work unattended.
Before the date of relieving, the employee should obtain a no-dues certificate from the connected departments, if any, in the organization.
This is the general compliance required on the part of an employee intending to resign.
When the employee initiates the process of resignation in such an orderly fashion, the employer cannot arbitrarily treat it as abscondence according to their own whims and fancies or under the wrong guidance of people in the middle. If done so, the employee can legally question that.
When the resignation is for the sake of a better job elsewhere, the prospective resignee should be very tactful and ensure formal compliance connected with the process. They should make the separation peaceful and happy to the extent possible and avoid confrontation with the present employer, as every employer can either make or mar the career of an employee.
Employment is a process of mutual cooperation and dignified adjustments between the employer and employee. Organizational hierarchy demands submissive behavior from employees, and they should keep it in mind and avoid arguments with senior colleagues in situations that can be approached with different perceptions, as there are individual differences.
From India, Salem
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6108The resignation should comply with the exit clause of the unilateral termination of the contract of employment as already stipulated or as in force for the time being. In other words, they should be prepared to serve the notice period or buy it out, subject to the consent of the employer.
During the notice period, the employee is not expected to take leave except on medical grounds, which can extend the notice period proportionately if the employer insists.
The notice period, being a period of transition only, requires the exiting employee to perform as diligently as possible to the satisfaction of their immediate superior and leave no work unattended.
Before the date of relieving, the employee should obtain a no-dues certificate from the connected departments, if any, in the organization.
This is the general compliance required on the part of an employee intending to resign.
When the employee initiates the process of resignation in such an orderly fashion, the employer cannot arbitrarily treat it as abscondence according to their own whims and fancies or under the wrong guidance of people in the middle. If done so, the employee can legally question that.
When the resignation is for the sake of a better job elsewhere, the prospective resignee should be very tactful and ensure formal compliance connected with the process. They should make the separation peaceful and happy to the extent possible and avoid confrontation with the present employer, as every employer can either make or mar the career of an employee.
Employment is a process of mutual cooperation and dignified adjustments between the employer and employee. Organizational hierarchy demands submissive behavior from employees, and they should keep it in mind and avoid arguments with senior colleagues in situations that can be approached with different perceptions, as there are individual differences.
From India, Salem
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Hello, Your query does not have complete information, and the grammatical errors in your post are creating confusion.
Formal Resignation
My first question to you is, have you sent the formal resignation in written format to the company? If yes, then you are liable to go for legal proceedings against the company, as no company can modify the reason for resignation if an employee willingly wants to resign (whatever the reason).
Resignation Date and Case Duration
The second question is, what is the date of your resignation and how long has this case been pending? In case the full and final settlement time limit (as mentioned in your employment contract) has passed, then again you can file a case against the company to settle all your dues, as it is completely illegal for any company to hold the full and final payment for any reason beyond the mentioned deadline.
From India, Noida
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Formal Resignation
My first question to you is, have you sent the formal resignation in written format to the company? If yes, then you are liable to go for legal proceedings against the company, as no company can modify the reason for resignation if an employee willingly wants to resign (whatever the reason).
Resignation Date and Case Duration
The second question is, what is the date of your resignation and how long has this case been pending? In case the full and final settlement time limit (as mentioned in your employment contract) has passed, then again you can file a case against the company to settle all your dues, as it is completely illegal for any company to hold the full and final payment for any reason beyond the mentioned deadline.
From India, Noida
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Clarification on 'Absconding'
This needs your clarification on 'Absconding'. Were you absent from your office for an indefinite period without intimation?
If you want to fight against this, it is better to take the help of a lawyer and present all papers to support your case.
From India, Mumbai
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This needs your clarification on 'Absconding'. Were you absent from your office for an indefinite period without intimation?
If you want to fight against this, it is better to take the help of a lawyer and present all papers to support your case.
From India, Mumbai
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Dear colleague, there are a few ifs and buts in your post. Apparently, you seem to have resigned in a huff.
1. Did you send your written resignation letter to the proper authority?
2. Has the receipt of the same been acknowledged by the company?
3. Did you serve the required notice or offer to buy the notice period, and is the same mentioned in the letter of resignation?
If the answer to the above is 'yes', then treating you as 'absconding' is prima facie illegal and merits challenging in court if not settled amicably before that action.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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1. Did you send your written resignation letter to the proper authority?
2. Has the receipt of the same been acknowledged by the company?
3. Did you serve the required notice or offer to buy the notice period, and is the same mentioned in the letter of resignation?
If the answer to the above is 'yes', then treating you as 'absconding' is prima facie illegal and merits challenging in court if not settled amicably before that action.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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How to Handle an Employee Resignation.doc
(DOC - ESSPM) Employee Satisfaction Survey Process Manual.pdf