Hi,
I am in a KPO and worked here for last 3 years in HR team. Now I want to move on and so served my resignation (through email) to the company. As per my appointment letter my notice period is of 2 months but due to some constraints I can serve only 22 days.
Now the situation is my HOD is not accepting my resignation and wanted me to serve the complete notice which i am not able to do. I have sent a follow up mail where I clearly mentioned that I would pay all my financial dues in lieu of my balance notice period but then also HOD is not ready to accept.
As per our ISO 9001 process (separation process) if an employee is not ready to be retained then the respective HOD / Manager shall accept the resignation and forward to complete the exit formalities like handover of responsibilities, no dues etc. But my HOD is not ready to do as well.
I have all the verbal discussion documented in email as a proof.
I have the following question:-
1) Can a organization delebrately not accept a resignation letter
2) In this situation do they can show me absconding case.
3) Is there will be any problem in my career if I leave the organization after completing my 20 days notice.
4) Can they do a legal case against me in this situation.
Please do reply as I am counting on citeHR seniors to help me out in this situation.
From India, Delhi
72I am in a KPO and worked here for last 3 years in HR team. Now I want to move on and so served my resignation (through email) to the company. As per my appointment letter my notice period is of 2 months but due to some constraints I can serve only 22 days.
Now the situation is my HOD is not accepting my resignation and wanted me to serve the complete notice which i am not able to do. I have sent a follow up mail where I clearly mentioned that I would pay all my financial dues in lieu of my balance notice period but then also HOD is not ready to accept.
As per our ISO 9001 process (separation process) if an employee is not ready to be retained then the respective HOD / Manager shall accept the resignation and forward to complete the exit formalities like handover of responsibilities, no dues etc. But my HOD is not ready to do as well.
I have all the verbal discussion documented in email as a proof.
I have the following question:-
1) Can a organization delebrately not accept a resignation letter
2) In this situation do they can show me absconding case.
3) Is there will be any problem in my career if I leave the organization after completing my 20 days notice.
4) Can they do a legal case against me in this situation.
Please do reply as I am counting on citeHR seniors to help me out in this situation.
From India, Delhi
Hi Nipuna,
Before thinking anything negative, may be the company is not letting you go without completing your notice period as you may be playing a crucial role there...though this is not the right way to retain but some companies or rather individuals feel that employees can be retained this way without realizing they are actually spoiling their reputation....
Anyways, coming to your queries now...
Yes, they can do that...but in this case it looks like they are miffed as you are not ready to complete the notice period..
Yes, they can show you absconding and may not give you experience and/or relieving letter as well...
Problems in career would be:
No relieving letter - which may or may not affect the career as such...
During reference check// background check, they might create some problem by giving negative feedback...
They can demand notice pay in lieu of notice period through a legal notice...
Before you leave, if you have to then keep copy of all the documents, copy of resignation letter, copy of all mails exchanged between you and concerned person and so on....
Regards,
From India, Delhi
Before thinking anything negative, may be the company is not letting you go without completing your notice period as you may be playing a crucial role there...though this is not the right way to retain but some companies or rather individuals feel that employees can be retained this way without realizing they are actually spoiling their reputation....
Anyways, coming to your queries now...
Yes, they can do that...but in this case it looks like they are miffed as you are not ready to complete the notice period..
Yes, they can show you absconding and may not give you experience and/or relieving letter as well...
Problems in career would be:
No relieving letter - which may or may not affect the career as such...
During reference check// background check, they might create some problem by giving negative feedback...
They can demand notice pay in lieu of notice period through a legal notice...
Before you leave, if you have to then keep copy of all the documents, copy of resignation letter, copy of all mails exchanged between you and concerned person and so on....
Regards,
From India, Delhi
Hi Archana,
thanks for the reply.
As per your reply, I have already mentioned in my resignation letter that I am ready to pay the due amount in lieu of my balance notice period. so can they do any other kind of legal case other than paying the notice amount.
Also, after sending my resignation letter by email, she stopped replying on mail so whatever we discussed over phone (as my HOD is in different location) I documented that and sent it by email. so I have nothing in response to my resignation letter. So is that work for me to prove the resignation served in proper manner. I have also sent her handing over of responsibilities through mail.
From India, Delhi
thanks for the reply.
As per your reply, I have already mentioned in my resignation letter that I am ready to pay the due amount in lieu of my balance notice period. so can they do any other kind of legal case other than paying the notice amount.
Also, after sending my resignation letter by email, she stopped replying on mail so whatever we discussed over phone (as my HOD is in different location) I documented that and sent it by email. so I have nothing in response to my resignation letter. So is that work for me to prove the resignation served in proper manner. I have also sent her handing over of responsibilities through mail.
From India, Delhi
Hi Nipuna...
If they are not responding anything by mail then they are working already on the case...this is what most companies do for monetary benefits or shall we say to harass employees...
I really wish if i could speak to such HR people or HODs in person..anyways...just make sure that you drop a line stating that as "I'm not getting any written response from you" so I'm doing all the handing over formalities through mails in this manner.
Also just one piece of advice, do not leave companies in haste, its not a good practice at all....
Regards,
Archna
From India, Delhi
If they are not responding anything by mail then they are working already on the case...this is what most companies do for monetary benefits or shall we say to harass employees...
I really wish if i could speak to such HR people or HODs in person..anyways...just make sure that you drop a line stating that as "I'm not getting any written response from you" so I'm doing all the handing over formalities through mails in this manner.
Also just one piece of advice, do not leave companies in haste, its not a good practice at all....
Regards,
Archna
From India, Delhi
Dear Nipuna,
If an employee wants to resign from the job then employer cannot force to withdraw and to be relieved as per the law.
You had earned your bread and butter for three years. Your notice period is for 2 months and HR plays a crucial role and things to be handed over properly so as company will be affected minimum.
Company wants to retain you for that they will be discussing. This may be the reason for no communication once decided the message will be passed to you.
In corporate always keep your door open and maintain good relation no one knows about the future it may act as referral.
You discuss with them face to face and find a solution to this situation at last they are also human beings.
From India, Bhubaneswar
If an employee wants to resign from the job then employer cannot force to withdraw and to be relieved as per the law.
You had earned your bread and butter for three years. Your notice period is for 2 months and HR plays a crucial role and things to be handed over properly so as company will be affected minimum.
Company wants to retain you for that they will be discussing. This may be the reason for no communication once decided the message will be passed to you.
In corporate always keep your door open and maintain good relation no one knows about the future it may act as referral.
You discuss with them face to face and find a solution to this situation at last they are also human beings.
From India, Bhubaneswar
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