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ABV (Manager)     29 February 2012

Company not relieving even after notice period over

Hi,

 

I had sent me email resignation to my boss on the 2nd of Feb & also later forwarded the same to my HR a week later. Even before sending the letter, I had informed the team as early as Jan about my intent to leave for a new job. Now the trouble is that my boss has not confimred my last date yet and due to this HR has not started my exit process. As a good will from my end I have agreed to stay for an additional week, but they are not even responding. Now all of a sudden they have mentioned that I cant leave before the 20th of March. I have to join the new workplace on the 12th of March and that cant change. I had already taken enough time from the new employer and arrived at this date. Now they wont change. And my company people are not cop-operating at all. They are just not responding. Please advise on what would happen if I just leave them on 12th. The new job means a lot to me. I am giving up all these corporate mish-mash ad trying to take up a noble job. And from my part I have given everyone enough ad more time to plan this. Its not my fault if they havent. Now they are all acting smart. Please advse.



Learning

 4 Replies

Bhawani Mahapatra (Law Officer)     29 February 2012

Dear ABV

Generally in every employment, a notice period is always mentioned need to be complied by the employee or salary in lieu of the period. So first go through your employment letter and be sure that you have served the notice as required in the said letter. Even if you don't want to wait till the expiary of the notice petiod, the company may commute it against your balance leave (E.L./C.L etc) or deduct your proportional salary for the differential period.

Still if your present company is not releaving you, you can talk to your new employer about the situation, and if they consider your case, you may join the new company without getting releaving letter from your previous employer.

ABV (Manager)     29 February 2012

Thankyou for the reply. My notice period is 1 month as per the joining terms.

By 2nd of March I will complete that since I put in my email resignation on the 2nd of Feb.

As an option I have told the company that I am available for another 1 week as well. But they want me to stay till 20th of March.

Isn't that unfair? Will they stop my Feb salary, re-imbursements claims etc if i leave on 12th? I am being absolutely fair with them by even offering to stay an additional week after my notice period. But they are not even responding to me properly. I have been alerting them since Jan hoping that they would make plans to recruit a new one. But they have not. Now they are doing this knowing well that I have to join my new place on the 12th of March. What if I decide to stop coming to this company from 12th onwards & join my new employer straight away? Honestly I dont want to leave on a bad note, but I am now being pushed.

Kumar Doab (FIN)     29 February 2012

Learned Mr. Mahapatra has given valuable advice. Kindly follow it.

Your are right that your notice period shall end on 02nd March. On this day you can submit final resignation giving reference of notice of resignation and stop attending office. Since you are complying to the terms of appointment, you are not at fault.

You may submit notice of resignation addressed to the good offices of your appointing authority, MD, Head-HR, by letter dated (date of your email i.e.02nd Feb) also and obtain acknowledgment. You can obtain acknowledgment form the desk/reception  where all mail of company is received. You may submit final resignation by letter followed by email also. You may submit a reminder also stating you have tendered notice of resignation in line with clause number.......of your appointment letter and your effective date of resignation is dated 02nd March,2012 as already communicated in person to your reporting authority/HR namely Mr/Ms………..on dated .........and reminded on dated.........and dated..........You may cover all representations in person/by email etc, and conclude that you shall be resigning on dated.....and shall be available till close of office hours of dated..........You may ask to whom you should handover the charge and company property under receipt and company may supply you acknowledgment and acceptance of your notice of resignation/resignation, work experience/service certificate, relieving letter, settlement of a/c and payment of dues, FNF statement, PF number/accumulation reports/withdrawal-transfer forms, NOC/NDC, form 16 on your last day in office i.e. dated.........In the same letter you may give synopsis of your contributions to the company, performance, achievements, deliveries, incentives-appreciations earned by you, and good conduct , and may mention that you had conveyed to your superiors about your intention to resign on dated.........( before the date of your notice) and your superiors had asked you to postpone the notice and you had concurred and have been concurring to the advice and now are not in a position looking into  your DOJ of next venture, and seek intervention of good offices for smooth exit formalities to be completed by close of office hours of dated........02nd March. You may mention you are willing to cooperate with your line management and company post resignation/separation also and shall help your best.

You may meet the officials of good offices and explain the situation ( after submitting letter and email) and it shall help you. Post meeting you may submit the minutes of discussion in polite and gentle manner.

The date of relieving is not given by employer although in some ventures like IT etc the situation at the end of employer may demand the presence of experienced employee in seat. The date of resignation is max. as per employment contract. Employer has to ensure that replacement employee is designated on receipt of notice of resignation and those tasks are assigned to employee which can be completed within effective date of resignation.

However such situations demand exceptional levels of persuasion, persistence, reasoning, negotiating skills and application of rapport and goodwill. You can do it. This happens with almost all employees, all companies and a smart employee shall resolve the matter, build record in his favor while in employment. Be Smart.

The settlement of a/c should happen on last day in offices or within two days. However majority of the companies take time say 30 days.

 

In case you face any difficulty you are within your rights to approach good offices again and then o/o Labor Commissioner/wages Inspector or your lawyer and courts of law.

ABV (Manager)     29 February 2012

Thankyou so much. This was really helpful.

Yes, my intent is also to leave on a good note making it easy for everyone.

Thankyou once again :)


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