Resignation cancelled by manager

It appears that all transactions posted by you are verbal. It could be that your manager needs you in his team for some ongoing projects or you are indispensable for him.

Kindly do not guess. Speak to the concerned HR personnel and find out what has transpired. You can plan accordingly.

It may be internal arrangement of the company to seek opinion from your manager otherwise appointing authority or any other authority appointed by company e.g. director can sign on your appointment or termination order.

Do you have acknowledgment of your notice of resignation submitted by you? You must obtain it. Company can use its discretion to accept the resignation.

You may complete projects on hand and either obtain a confirmation in writing that no assignment /project is pending or you may submit in writing that you have completed all tasks on hand and nothing is pending so as to build favorable record. You have served 25 days out of your notice period. If you feel nothing is pending to be done by you and company can not successfully blame you for causing loss by leaving unfinished work, and you the option of tendering notice pay as per your appointment order you can leave the company. You should submit company property under proper acknowledgment.

Hi Sudhakar,

There is no need of panic and be positive. You had worked for more than 3 year in company and company might want to retain you. Discuss with your manager and HR picture will be clear. If there is any other concern pls be clear and document all your discussion. Two month notice period is good time for handover and knowledge transfer and still you have one month time clear all your pending work and projects. As a professional you have to insure that you have smooth exit without breaking the bridges. There is nothing which cannot be resolved by discussion. Best of luck.

Sudhakar,

Meet the HR ask him the company policy in which the authorised person must be explained  in the terms and condition of termination of the services of any employee.

Go through it carefully and discuss the same with the HR and if he do not understand then contact the G.M..

No company can afford to loose an employee after 3 years that's why they make some drama for negotiation,do it and solve the problem,otherwise Law is  always with you.

Don't worry.

Girish Shringi

(Advocate)

Thanks Girish,

I have  mail proof  for  every  conversation.  RM  is not  replying  the reason for cancellation of  resignation request even  after sending  reminder mails. Even  saying that  he will cancel  If  I raise  another resignation request. They are  threatening  with  termination  if  did not hear to them. No dues  pending from my side.  Own  company ID  card  and nothing else.

As  per company  policy,  no where mentioned  option    for cancellation of resignation request.  Is it qualifies  for Policy violation?   (offer letter, operational  policies etc)

Please let me know  is it  harrasment  at work place  or not.  Due  to this  tensiion,  I am unable to concentrate on my  work. Let me know  law  applicable for  IT employees (is Labour law  applicable or not) 

What are the options  avaliable  for  justice.  Please advise.  

Kind  Regards & Thanks

Sudhakar

Company can terminate even if the resignation has been submitted. However in case of an employee against whom no charge can be proved, and an employee who is properly informed and advised, this step of the company can be adventurous and may boomerang.

It is not understood why you are taking up the matter with HR, or HR Head, your appointing authority? You may be having some genuine concerns and apprehensions. If you share you can be advised. You should obtain in writing the reason and date of cancellation of your resignation. You should also apply in writing and obtain copy of employee manual, standing orders. You should obtain confirmation whether your manager is authority to cancel your resignation? You shall get all this from HR.

You are being coerced and forced to stay than being coerced and forced to leave. Is it correct? This is also not unusual since companies big or small are full of arm chair managers (including HR) who are good for nothing and they simply can not find replacement or train and nurture the manpower to take up the roles and responsibilities. Simply said they can not train and develop. Training and Development is an important portfolio in any manager’s assignment. Promoters also realize the facts and expenses involved, and hence the trend of service agreements and bonds. The approach of your manager and HR is zealous in your case.

You should complete all assignments/projects as ap and obtain a communication that no work is pending or you may submit in writing with a copy to you that you have completed all tasks and nothing is pending to be done by you. This shall be useful to contest and defeat if company charges you for leaving with unfinished projects and hence causing financial loss.

Dear, you should submit a written representation to the good offices of your appointing authority, MD/CEO, HR Head, Company Secretary, and submit facts and details, as mentioned in your latest post.

Your notice of resignation can be withdrawn by you, only. Your manager as per your post has quoted a meeting he had along with HR with you, while you were on leave. He has probably recorded that during the meeting you have opted to withdraw the resignation, or they have informed that your resignation has been cancelled, thus he has made a false representation. Is it correct?

While you have made attempts to put across that you have not withdrawn your resignation, he has threatened that he will get you terminated, and if you resign again, he shall cancel the resignation. Is it correct? This approach is coercion and threat.

You have not received any show cause notice. If you have completed all projects you can prepone your effective date of resignation and inform say 5-7 days in advance and resign. You may have to tender notice pay for balance period of notice.

If you wish you can lodge a complaint with o/o labor commissioner and you may meet the labor inspector also.

Hi Experts,

Even after sending  reminder mails  also,  my RM  is not replying  to any mail. When  contacted  him,  he accepted that  he had cancelled  my resignation  without  my  concurrence  druing  the conferrence call along with HR. 

There is no option  avaliable  for  re-opening  the cancelled resignation  request  in the tool,  I said  that  I am raising  new request in lieu of  01 july  resignation request   which  is  same  in letter and spirit.

I have mail proof  for  all communciation.  He accepted  my last  day  verbally,  but not  replying  to any mail.

No termination request  and no show-casue notice  are pending  against me.  Tool  will  check  if any  before  allowing  to raise  resignation  request.

As  per policy,  no where  mentioned  RM  can cancell  the employee  resignation request. The reason  Manager mentioned  is  also  false,  isn/t   integrity  violation?

Due to these  tensiions  my  future is  in  dark  and  unable to concentrate  on my work.  Please advise  how to proceed  further.

Kind  Regards & Thanks

Sudhakar

Finally, you should stop worrying and referring to the internal resignation software tool, resignation notice cancelled by your manager, him not replying to your emails etc.

HR is probably keeping silent since you have not submitted specific communications in writing and they are keeping you entangled with your manager.

You have posted that in the internal resignation software tool, the status of your resignation is cancelled, and you have also posted that your manager is not empowered to cancel as per company policy. Usually the company shall cancel the resignation i.e. company shall refuge to cancel the resignation and shall choose to terminate.

If you post a new resignation vide internal resignation software tool of your company, the system shall count notice period from date of new submission and if you resign as per old date company may impost notice pay.

You need to defend yourself.

You should submit a letter (under acknowledgment either by redg/speed post, or at reception where all the mail/dak of company is received and obtain seal and signature on your copy) addressed to your appointing authority, MD/CEO,HR Head, Company Secretary and mention that you have submitted notice of resignation on dated...................as per company policy/process/system and your effective date of resignation is dated..........and the acknowledgment of receipt of notice may be supplied to you. You can mention that although you are not at fault you have clarified and explained the matter to the satisfaction of your superiors and HR and HR should have acted on the matter and reverted to you in writing. You can mention that your original notice of resignation dated..............is not withdrawn by you and your effective date of resignation shall continue to remain dated...........You can ask their good offices to intervene and provide relief to you, and confirm in writing by regd/speed post only. Let anyone in the company reply to you on their behalf.

You should ask for acknowledgment of your communication (mentioned above) and request the company to inform to whom you should submit the company property under acknowledgment, a and to supply you the acceptance of your resignation, F&F, form 16, service certificate, relieving letter, Pf accumulation reports, PF withdrawal/transfer forms, NOC/NDC, etc on your last day as per effective date of resignation i.e. dated..........

This should solve your problem.

Despite whatever has transpired maintain good rerlations, rapport, goddwill, and be gentle and amiable.

If you are determined to resign, the company cannot retain you forcefully. So, never rely on verbal discussions. Must take up your case in writing registered letters, in additions to your emails, clearly stating that the resignation notice submitted by you still stands and should not have been cancelled, as nobody discussed with you to cancel that. If you take up the case formally with full determination nobody would dare to terminate you, as your own correspondence and their connivance to cancel the notice would clearly go against them to show bad intentions on the part of the management.