STUDENT.... (.......) 10 April 2012

Resignation with immediate effects

Hi,

I'm an employee of an Organization and I have resigned from my company here the company says that they have a policy where in they don't accept the resignation from email and they need the resignation in hand written, although the company says that we won't give you any accpectance of resignation and also will not issue any releving letter for next 45-60 Business days, since they have to take clearance from other departments as well as per the verbal conversation held with on my co-worker in the organization and with the x-employees experience which they have shared.

Where as In the appointment letter issued by the Organization nothing is mentioned as such that they won't accept resignation from email or else they need resignation in hand written format.

Now I have sent my resignation to the company through email and they have also replied to me on the same email stating as follow:

"Kunal

We have received your resignation letter dated April 10, 2012 through your personal Id. We would like to bring to your notice that as per the Company guidelines, resignation through personal e-mail Id is not acceptable.

We request you to either personally visit the company premises to resign from your official email Id or send a signed hard copy of your resignation via courier.

Failing a response from your end within next 48 hours , it would be considered as willfulabandonment of servicesand no longer interested in continuing with the organization; and your name will be struck off from the muster rolls of the organization and the employment with the organization would stand terminated.

Regards"

Now in this case what? Will this be considered as delivered or not in the court?

Also if incase they won't give me the accpectance of my resignation letter I won't be able to join anyother company since the new company need the accpectance letter or the releving letter issue by the previous employer.

When had a word with the HR as well in the company they are also not ready to say anything on the same a part from Signed Hard Copy of my Resignation Letter. However In response too thier I have arranged and sent my Signed Hard Copy of my Resignation through Regd. AD, but afer that as well they have stated the same over the telephonic conversation that they won't give the accpectance of my resignation since I have not served my Notice period and have shown my intent to Pay Salary in Liue of Notice Period as mentioned in Clause no# 3.3 of my appointment letter. Please suggest what to do in that case.

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3 Replies

Kumar Doab (FIN) 11 April 2012

You should reply to the company on the same email trail that you have submitted resignation by redg. post and may mention that notice pay to compensate shortfall in notice period may be adjusted in FNF statement and FNF statement may be supplied to you by redg. post so as to reach you in next say ....7 days. You may visit PO and obtain POD. If you do not write to adjust notice Pay Company can and shall adjust notice pay in FNF statement.

First of all what is the logic at your end to deny, delay, debate on resignation by letter under original signatures? Do not complicate your matter. Employee should build and carry forward the rapport and goodwill.

Company has even indicated that you may submit resignation in office from your official email id. Since this is an imp. Communication and once you severe employment relationship you shall need record you could have forwarded a copy to your personal email id.

Company is right in obtaining clearances from their various departments which may take some time although 45-60 days is long period but it may be a practice in the company. However you can raise your reservations and objections’. Ideally the a/c should be settled on last day in office or within 2 days.

Here company is not asking you to visit all departments and obtain clearance/NOC. Company might have suffered some bad experience and might have opined based on past experience to your colleagues.

You have posted that "they have stated the same over the telephonic conversation that they won't give the acceptance of my resignation since I have not served my Notice period".

Employee should record such transactions (audio/visual) and may find these useful at appropriate time in appropriate forum.

Once you have adhered to the norms of the company i.e. resignation by hand, willingness to tender notice pay, there should not be any dispute left.

STUDENT.... (.......) 18 April 2012

Hi Team,

I have sent my resignation to my company through registered ad however today i have received an email from there end stating that they have not received the same as of now and if incase i won't close the same by tomorrow 19th Apr'2012 they will take diciplinary action against me.

Also I had a telephonic conversation with the HR as well as with the Sr.Vice President,HR and with the MD/Chairman of the Organization and they all have denied giving me the accpectance/acknowledgement of my resignation as well as the releving letter untill the FNF formalities gets complete which will take 45-60 Business Days, However I have every conversation recorded with me "With Phone No#, Date and Time".

Also i had a discussion with the postal department Graviance Cell with Mrs.R.K.Suri and as per them they are unable to trace the same from there end.

Please let me know what should I do in that case as while joining the new company I have submit the accpectance of my resignation or the releving letter issued by the last employer and here the company is not issuing me any thing and asking me to cut my hands and handover to them or else they will take diciplinary action against me.

Regards,

Kunal

Kumar Doab (FIN) 19 April 2012

You may visit PO and obtain POD.NOwadays majority of the post offices are connected by internet. You need to write an application enclosing the copy of the redg. post recipet issued by PO,for providing you the POD. The concerned staff of PO can generate the report of delivery and provide under signature and seal of Post Master. If you want certified copy of the run sheet of Post Man also, you may affix Rs.10/ postage stamp on your application.It shall be provided to you after a few days and a date shall be gven.

You may supply the soft copy of your resignation by email to your company HR, appointing authority etc, along with redg. post receipt number.You may send another copy ( with original signatures) by reputed courier and generate POD from website of the courier, and obtain delivery certificate from local office.

You can also submit the copy at mail reciept desk of your company and obtain acknowledgment on your copy under seal and signature and later you may mention by email that copy ( with original signatures) has been supplied by hand by you and if company wants you shall send the same by fax also.

The stand of the company that "accpectance/acknowledgement of my resignation as well as the releving letter untill the FNF formalities gets complete which will take 45-60 Business Days" is wrong.

The FNF vsettlement shall happen only after resignation is accepted and processed. Company has already recived the resignation from your personal email id. You msut have written this email id in your resume submitted to comapny.

You need to convince your next employer that your old employer has declined to supply acknowledgment/acceptance of resignation, work experience/service certificate, reliving letter and you are in a position to supply copy of resignation, proof of dispatch only.

If you not able to handle the matter you may approach a competent and experienced service lawyer.