Resignation - suggestions invited

Subsequent to email you may forward a notice of resignation by letter thru redg/speed post addressed to the good offices of your appointing authority, MD/CEO, Head-HR mentioning  the email and effective date of resignation and request the good offices to inform you to whom you should handover the charge and company property (if any as per company records), and to ensure smooth exit formalities, and that routine tasks may be assigned to you upto and within effective date of resignation and that you are willing to train the employee designated as your replacement upto and within effective date of resignation, and request the good offices to supply you an acknowledgment of the notice of resignation, and to ensure that your a/c is settled and your dues are paid by last day in office. Ideaaly wages should be paid by last day or within next 2 days.

You may submit reminders and in the final reminder say 5 days before the last day in office you may reiterate the points as mentioned in your notice of resignation and mention that your last day in office shall be dated...........

On last day you may submit your final resignation by letter and email.

Employee should remain amiable and maintain rapport and goodwill.

thank u for ur valuable suggestion

My reporting authority has sent me an email that my resignation cannot be accepted or recommended to the management saying that I need to work till completion of entire project work as I am working with the project for quite a long time.

I don't want to stay back as I have already have very strained relations with him and he is all the time harassing me by rude instructions & not passing the bills of  many site expenses that have to be reimbursed to me. Moreover the pay package offered by the new company is very much more than what I am getting now and the job/position offered  is also challenging which I am sure I would cherish. Kindly advise.

Represent to the good offices and give reference of your notice of resignation and effective date of resignation.

If you wish you may seek an appointment in writing, with good offices, and explain your viewpoint that as per terms of appointment which is self explanatory you have tendered notice of resignation which is self explanatory and good offices may ensure completion of smooth exit formalities, up to and within effective date of resignation. It is your wish to agree to increase the notice period by 10 days or not.

You may include all the unpaid dues which are delayed by ............days from set period from of reimbursement/ and mention previous reimbursements which are delayed..........by days from the desk of your reporting authority and then from the desk of ........................payment authority and highlight that advance given to you for site expenses is Rs........., while your actual expenses............are Rs....................and for period of .............months/years/days...........you are being made to invest Rs...........from your salary, on expenses of company and give reference of representations you have made to increase the advance/imprested cash  amount. You may conclude that you are causing abrupt termination of contract and have tendered reasonably good notice.

You may reply to your reporting authority (with a copy to all personnel mentioned in his email, and add good offices) , that your notice period can not be increased to infinite period/eternity and notice period is as expressed in appointment letter. You may express your willingness to train the employee designated as your replacement up to and within effective date of resignation. And you shall endeavor to help the company even after your leaving the organization.

Charge is handed over to employee designated as replacement/ reporting authority/HOD.

If no one comes forward then you may submit the company property under acknowledgment to HR/Admin and if they also do not agree you may immediately put on record the employees approached by you to handover company property and charge, and ask to whom company property should be submitted, and by which of mutually convenient date?

Is it mentioned in your appointment, certified standing orders of the company that in case of ongoing projects employee can not be relieved till completion of projects? Obtain copy of certified standing orders.

Valuable advice of learned experts/members is sought.

thanks a lot for your valuable guidance.

There is no mention in my appointment letter that the company cannot relieve me or I cannot resign till the completion of project. Also there are no such standing orders of company that one cannot be relieved till the completion of the project.

regards,

The reporting authority has done something wrong by putting it on email with a copy to you and if the good offices adhere to the decision they shall be on the wrong side rather than undoing the wrong.

You may submit gentle representations to good offices in writing under acknowledgment and build record in your favor. Issue reminders periodically and approach a competent and experienced service lawyer beforehand.

Remain gentle and amiable. Better the rapport and goodwill you have built during your employment and obtain contact details of one and all.

You can get rid off of your present employmment according to the notice period mentioned in your appointment letter. The employer do not have the right to hold till the project is completed. You have taken right decision not to stay back again. I quote my example. Like you I also resigned my job when I offered the lucreative salary but the employer insisted me to continue my services and given me the hike in salary equivalent to the salary offered to me by another employee. After increasing my salary within three months he terminated my services stating that my performance is not good and he has taken a revenge on me being the CMD of the company.

My sincere advice to the esteemed members of this group not to continue in the same organziation if they inform you that they will give the same salary which was offered to your elsewhere. Just resign and join the new job and do not stay in the same company if they increase your salary. If stay after increase, it will utimately lead to your termination and this is the fact and only in some caset it is successfull but majority it it utterly failure.

My reporting auhority has once again sent me a letter through post with acknowledgement due in response to my resignation letter that the site management has not accepted my resignation and hence cannot be forwarded or recommended to Regional Office. As per my resignation letter my last working date is 31.03.2012. Kindly advise me of further action for smooth exit.

If give a final reminder  before 3 days of my last working day and stop attending the present office and join with my new employer, what would be probable complications ? Will there be any problems in getting my PF transfered to my new PF account with the new employer? Please advise.

Your reporting authority has declined to forward your resignation.

Have you submitted your notice/resignation addressed to your appointing authority/good offices till date?

You must approach good offices immediately.Seek an appointment and brief them in person. Explain the facts in person and submit minutes of discussion.

Has your appointing authority or a superior authority for that matter MD/Chairman not accepted your resignation?

Is site management authorized to be a competent authority by board of the company? Which are the officials in site management refusing to accept your resignation?

Is it accepted by you in writing that your resignation shall be routed thru site management and reporting authority? Has it been communicated to you in writing that your resignation shall be routed thru site management and reporting authority?

You must contact your lawyer immediately.

Your reporting authority, site management knows that your presence is required to complete the project and your absence shall affect the project. They have prepared themselves that onus of project getting delayed is not shifted on them but you leave with getting blamed. Thus you may not get good BG check/reference check in future.

If the company does not charge you for having caused loss and proves it how and why company should sit on any end of term payments.

Can the amount standing to the credit of any member in the Fund be assigned, charged or attached?: The amount standing to the credit of a member in the Fund cannot be assigned, charged or attached under any decree or order of any Court. Similarly, the amount standing to the credit of a member in the Fund at the time of his death is free from any debt or other liability incurred by the member before his death and cannot be attached under any decree or order of any Court. {Section 10}

Hr point of view is employer’s contribution can be declined.

If the employee has tendered notice of resignation employer should attest PF withdrawal/transfer forms and hand these over to employee before last day in office.

I have submitted my resignation through e-mail to my reporting authority with copy to my HR Manager & DGM, the superior of my reporting authority. I have also sent the resignation copy refering the e-mail to HR Manager with copy to my reporting authority & DGM through registered post with acknowledgement due. HR manager didn't respond till date. I have sent the reminder also through e-mail to HR manager to arrange for my relieveing in response to e-mail by my reporting authority rejecting my resignation.

I don't think site management is the competent authority to accept/reject my resignation. There is no such mention in my appointment letter issued / signed by HR Manager. But when I have resigned earlier also during Sept-2011, my reporting authority (same person who si rejecting my resignation now) responded stating that he is not the competent authority to accept or reject my resignation.

Never I had accepted in writing that my resignation shall be routed thru site management and reporting authority. Never had beeen such issue has come during my tenure. It wasn't mentioned anywhere or in any communication that my resignation have to be routed thru site management or reporting authority.

Kindly advise me of further course of action for getting releived by 31.12.2012 as mentioned in my resignation letter.

Normally there could be two reasons. Employee's services might be badly required by employer or It could be that there are serious charges against employee. Generally if your boss refuses a letter of resignation, the next thing your boss is supposed to do is offer you a big raise, a move up. If your boss is pressuring you to stay at a job you do not want, threatening you in any way e.g. to write you a bad reference, that can be considered harassment. Resignation is a fancy word for politely quitting.

In all probabilities line management/HR may claim and may charge your exit has caused huge loss as the project/task assigned to you could not be completed /accomplished. This is precisely where you have to defend. You may propose some replacement candidates and offer to train/support during transition. You may address all communications to your appointing authority/good offices (and include all reasons including inordinate/intentional delay in reimbursement of claims, rude conduct of superiors etc as deemed fit by you) . You should be able to prove extenuating circumstances that forced you to submit your resignation. You may explain ( and later to o/o Labor Commissioner/civil court) that you gave a 20days notice that wasn't accepted and that you had reasons to give it.

Valuable advice of learned experts/members is sought.

Kindly look into the attachments.

It appears that your reporting authority has not described any reason for not acceptance of resignation to you but has expressed his contentions to superiors.

You may seek a specific reason for non acceptance of your resignation from appointing authority, MD, Head-HR, Company Secretary, as expressed to you by your reporting authority citing some site management and request for name and details of personnel in site management, and mention while you have complied to the terms and conditions as expressed in appointment letter issued to you (mention respective clauses) and seek an appointment from them to meet in person say within next working day. You may walk in and meet them and submit the minutes of discussion. You may conclude that you have not violated the terms of termination and have complied to the clauses expressed in your appointment letter and that your effective date of resignation is  dated.............and within this date good offices may ensure smooth completion of exit  formalities/exit forms and inform you to whom you should handover the charge/company property/exit forms and that till effective date of resignation i.e. dated.......... routine work may be assigned to you.  You may mention that you understand that by last day in office employer should disburse the settlement of a/c, FNF statement, payment of Full and final amounts ( including  gratuity, bonus  if any), form 16, work experience/service certificate, relieving letter, PF number/accumulation reports/duly attested withdrawal-transfer forms, acknowledgment of handing over the charge/company property, NDC/NOC, etc. You may submit a statement of payables to company by you and payables by company to you and ask the god offices to confirm the accuracy of the statement, to avoid any delays.

You may submit a reminder and confirm that you have not been supplied any exit forms and reply to your previous representations and effective date of  your resignation is  dated...........and good offices may kindly intervene and ensure that charge is taken from you and settlement is completed by dated............

If no replacement employee is designated you may handover the charge to HOD, good offices, HR.

On last day you may bid farewell and submit formal resignation covering all previous representations.

It is reiterated that you may contact your lawyer. Your lawyer may prefer to structure the draft of your letter/notice to suit you and build record in your favor or issue a legal notice for declinature of your resignation by official other than appointing/competent authority.

Dear Mr. Kumar Doab,

Thank u very much.

My employer is an ISO:9001:2008 company and all the important activities, proceedings, dealings,etc are maintained with supportive & detailed records in respective files. My reporting authority claims that the pendings works & dealings in the project are to be completed before I intend to leave the organisation. This is nowhere stated in any of the terms of employment and also there are no such standing orders of the company. Regarding the pending works/activities, etc I had already replied him on the issues raised by him stating that the issues are having supporting records available in office mentioning the departments with whom they are available and hence the issues may be dealt independently by himself or by anyone whom he would designate to deal with or takeover charge.

Thereafter he is not raising that issues which he pointed out earlier but simply responds saying that my resignation is not accepted. Moreover, the issues raised by him can be settled only during the ending stages of the project that might take another 6 months atleast.

Further I am sure that there are no issues  left that could delay or cause losses to the project. But the company may find some difficulty to get replacement for me and also may find difficulty in dealing the issues as efficiently as I could do due to the advantage of my working with this project since begining.

I am determined to leave now and invite your valuable advise please.

thanks & regards,

vijay kumar

You seem to have done your homework. It is reiterated that you may walk in to o/o good offices and submit representations in writing to good offices and cover all points and leave nothing to chance or explanation/justification later. In your kind of industry/trade you may find it difficult to spare time.

Employee can not be held for eternity. Moreover the project being cited by your reporting authority is "not for defense of the borders of motherland" that you are bound to serve till completion or you shall be charged for sedition. Express yourself in gentle and clear terms to your "boss" and good offices and drill some sense loudly making it clear that instead of becoming/remaining  uninspiring and " arm chair manager" he should step forward to take charge, lead from front and handle the project,  prove his worth and thus justify his salary.

Kindly excuse if your feelings for boss are hurt.

You may act and build favorable record.

Best Wishes.

Kindly update the outcome in this thread. This shall be useful to many who visit the forum.