Hi,
I am sure that this query would seem like many others in the forum; however, even though I tried, I could not find an issue the same as mine. Hence, please advise.
I have resigned giving an appropriate notice period due to health reasons with supporting documents. It has been over 15 days since resignation; however, I have not received acceptance or any other written communication from HR or my Manager. HR has been verbally saying that she has sent the documents to the Doctor and is waiting for a revert.
However, the following is an extract from the company's employee handbook. Can you please read it and let me know if I should push it further, e.g., saying to seek court's doors if they do not relieve me within the notice period?
"The Notice period tenure of all employees, across all levels, has been revised to 90 days. Payment of salary in lieu of the same is at the discretion of the Company. An employee must provide a written resignation letter to his/her manager. If the resignation letter is accepted, the employee is expected to fill up the separation form. In either case, the employee is expected not to take any leave during the effective notice period. During the notice period, employees shall continue to discharge their responsibilities and attend the office as usual. However, when an employee gives notice of resignation, the company is entitled to accept it with immediate effect or from any date before the expiry of the notice if it may desire so, due to business reasons."
All I want to know about the above statement is that it seems to be one-sided. Is it lawfully rightful on the company's behalf to say so?
What action should I take in this situation as nobody is replying and my manager has not logged my retiral form as yet? He is still waiting for HR to come back. I gave one month's notice and have 15 more days left before my last day. Should I send an email to HR for escalating the issue, or if I seek court's help in this matter, would it be settled on an immediate basis?
From United Kingdom
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I am sure that this query would seem like many others in the forum; however, even though I tried, I could not find an issue the same as mine. Hence, please advise.
I have resigned giving an appropriate notice period due to health reasons with supporting documents. It has been over 15 days since resignation; however, I have not received acceptance or any other written communication from HR or my Manager. HR has been verbally saying that she has sent the documents to the Doctor and is waiting for a revert.
However, the following is an extract from the company's employee handbook. Can you please read it and let me know if I should push it further, e.g., saying to seek court's doors if they do not relieve me within the notice period?
"The Notice period tenure of all employees, across all levels, has been revised to 90 days. Payment of salary in lieu of the same is at the discretion of the Company. An employee must provide a written resignation letter to his/her manager. If the resignation letter is accepted, the employee is expected to fill up the separation form. In either case, the employee is expected not to take any leave during the effective notice period. During the notice period, employees shall continue to discharge their responsibilities and attend the office as usual. However, when an employee gives notice of resignation, the company is entitled to accept it with immediate effect or from any date before the expiry of the notice if it may desire so, due to business reasons."
All I want to know about the above statement is that it seems to be one-sided. Is it lawfully rightful on the company's behalf to say so?
What action should I take in this situation as nobody is replying and my manager has not logged my retiral form as yet? He is still waiting for HR to come back. I gave one month's notice and have 15 more days left before my last day. Should I send an email to HR for escalating the issue, or if I seek court's help in this matter, would it be settled on an immediate basis?
From United Kingdom
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If you go to the court it also takes time hence better to approach local Asst. Labour commissioner and request his support. Regards - kamesh
From India, Hyderabad
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191From India, Hyderabad
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Thank you for your prompt response.
The appraisal letter only states that the "notice period has been changed to 3 months, and the rest of the policies follow the Employee Handbook. I don't really want to go to court; however, your answer satisfies my query.
Another question: I just visited HR, and he said that I should apply for a few days of holidays after the completion of the notice period, which I am not going to do.
How does it work according to the law? Can't either of the parties choose to provide notice, or is it in the company's hands to accept or reject a resignation?
From United Kingdom
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The appraisal letter only states that the "notice period has been changed to 3 months, and the rest of the policies follow the Employee Handbook. I don't really want to go to court; however, your answer satisfies my query.
Another question: I just visited HR, and he said that I should apply for a few days of holidays after the completion of the notice period, which I am not going to do.
How does it work according to the law? Can't either of the parties choose to provide notice, or is it in the company's hands to accept or reject a resignation?
From United Kingdom
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Hi friend,
You just need to follow your HR calmly to clear your dues and F&F certificate. Talk to them through speed post or registry so that you have proof for the future.
With regards,
Kavita Kapoor
From India, Delhi
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You just need to follow your HR calmly to clear your dues and F&F certificate. Talk to them through speed post or registry so that you have proof for the future.
With regards,
Kavita Kapoor
From India, Delhi
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Dear seniors,
I am resigned my previous company from August-2011, one month notice of resignation by giving PL Leave application but till date the management not take any action and can’t accepted my resignation and my name was in company role , the management refuses to sign the pf withdrawal forms and full and final dues.in this connection Sr.Manager(Admin.) told me that in giving a resignation notice PL leave application is not authenticated. Please help me and give advice regarding my issue urgently.
isn't Giving resignation notice PL application is authenticated ?
please replay soon
From India, New Delhi
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I am resigned my previous company from August-2011, one month notice of resignation by giving PL Leave application but till date the management not take any action and can’t accepted my resignation and my name was in company role , the management refuses to sign the pf withdrawal forms and full and final dues.in this connection Sr.Manager(Admin.) told me that in giving a resignation notice PL leave application is not authenticated. Please help me and give advice regarding my issue urgently.
isn't Giving resignation notice PL application is authenticated ?
please replay soon
From India, New Delhi
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Dear Friend,
You resigned 15 days ago. You must provide a notice period or pay 3 months' salary in lieu of the notice period. According to your company's manual, the notice period is 90 days. You are required to give your management that amount of time. Once the notice period concludes, if your management has not accepted your resignation or relieved you of your duties, you have the right to leave the company (consider it that the management has released you from service) as long as you have adhered to the 90-day notice period.
If you have a good relationship with your HR and management, politely approach them with a request. Explain your circumstances and the reasons you have to leave the company and request to be relieved.
Avoid resorting to legal action or involving the labor department. The management is in a strong position legally, and you may end up on the losing side.
I hope you comprehend the seriousness of the situation.
G.K. Manjunath, Sr. Manager-HR
From India, Bangalore
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You resigned 15 days ago. You must provide a notice period or pay 3 months' salary in lieu of the notice period. According to your company's manual, the notice period is 90 days. You are required to give your management that amount of time. Once the notice period concludes, if your management has not accepted your resignation or relieved you of your duties, you have the right to leave the company (consider it that the management has released you from service) as long as you have adhered to the 90-day notice period.
If you have a good relationship with your HR and management, politely approach them with a request. Explain your circumstances and the reasons you have to leave the company and request to be relieved.
Avoid resorting to legal action or involving the labor department. The management is in a strong position legally, and you may end up on the losing side.
I hope you comprehend the seriousness of the situation.
G.K. Manjunath, Sr. Manager-HR
From India, Bangalore
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Thank you for your reply, G.K.,
I appreciate your consideration of my query and suggestion.
Following is a copy of my resignation. After spending over 3 years in the company, I am really not interested in spoiling my relations with management and HR. My replacement is already in the process, and this could easily be a smooth transition. In fact, just a month back, half of our process had been rolled back, and at that time, the same HR gave everyone a 2-day notice period, asking them to resign immediately and be relieved. What is currently disturbing me is that the company has different rules for themselves compared to the employees.
To be polite, I am visiting HR every 2nd day as he says, "I couldn't make it yet, give me some time, I will come back to you." I cannot afford my medication here in the city and must go back to my hometown. I don't have much time to waste around here, and they are more interested in setting examples that no matter what happens, we will not relieve anybody before 3 months.
Resignation
"I have been experiencing pain in my right hand fingers, elbow, and left knee for the last six months and have been taking painkillers to alleviate it. After the conditions worsened, I underwent preliminary medical tests and clinical diagnosis of Arthritis. I began medication for the same in August 2011. Even after following the doctor's advice for two months (avoiding strenuous activities like long drives, bike riding, or carrying weight), the symptoms did not improve and even extended to my left elbow and hand, becoming numb.
Further medical examinations confirmed my deteriorating condition. As per my medical doctor's advice, I should discontinue any strenuous work immediately, including driving, riding a bike, typing, sitting for prolonged periods, or carrying heavy objects.
My mother has been experiencing similar symptoms in her left leg, leading to its shrinking. Considering these circumstances and the continuous suffering and mental anguish affecting my family, including my young 5-year-old child, I have decided that neither I nor my family are willing to take any more risks.
Although I wished to continue my current job with enthusiasm, given the above conditions, neither I nor my family are prepared to take any more risks.
Recognizing my responsibility to mitigate any adverse effects of my immediate departure, I have chosen to spend a justifiable amount of time in the process of training a new resource or assisting an existing one to stabilize. Therefore, I will remain with the company for another month, with my last day being 08/12/2011.
I kindly request your understanding of the situation and acceptance of my request for timely relieving from my responsibilities.
Thank you.
From United Kingdom
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I appreciate your consideration of my query and suggestion.
Following is a copy of my resignation. After spending over 3 years in the company, I am really not interested in spoiling my relations with management and HR. My replacement is already in the process, and this could easily be a smooth transition. In fact, just a month back, half of our process had been rolled back, and at that time, the same HR gave everyone a 2-day notice period, asking them to resign immediately and be relieved. What is currently disturbing me is that the company has different rules for themselves compared to the employees.
To be polite, I am visiting HR every 2nd day as he says, "I couldn't make it yet, give me some time, I will come back to you." I cannot afford my medication here in the city and must go back to my hometown. I don't have much time to waste around here, and they are more interested in setting examples that no matter what happens, we will not relieve anybody before 3 months.
Resignation
"I have been experiencing pain in my right hand fingers, elbow, and left knee for the last six months and have been taking painkillers to alleviate it. After the conditions worsened, I underwent preliminary medical tests and clinical diagnosis of Arthritis. I began medication for the same in August 2011. Even after following the doctor's advice for two months (avoiding strenuous activities like long drives, bike riding, or carrying weight), the symptoms did not improve and even extended to my left elbow and hand, becoming numb.
Further medical examinations confirmed my deteriorating condition. As per my medical doctor's advice, I should discontinue any strenuous work immediately, including driving, riding a bike, typing, sitting for prolonged periods, or carrying heavy objects.
My mother has been experiencing similar symptoms in her left leg, leading to its shrinking. Considering these circumstances and the continuous suffering and mental anguish affecting my family, including my young 5-year-old child, I have decided that neither I nor my family are willing to take any more risks.
Although I wished to continue my current job with enthusiasm, given the above conditions, neither I nor my family are prepared to take any more risks.
Recognizing my responsibility to mitigate any adverse effects of my immediate departure, I have chosen to spend a justifiable amount of time in the process of training a new resource or assisting an existing one to stabilize. Therefore, I will remain with the company for another month, with my last day being 08/12/2011.
I kindly request your understanding of the situation and acceptance of my request for timely relieving from my responsibilities.
Thank you.
From United Kingdom
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Dear Billa, If this is the reason you should not have served the notice period. I am sure if you talk to your HR, they will surely accept the resignation. If they are not responding, please escalate the issue. This is a question of your health and life. Hope everything will be okay, and take care.
From India, New Delhi
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From India, New Delhi
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Dear [Recipient],
You have given the notice period as per the employee service conditions with the company. It is up to the company to consider it and give a reply. In these conditions, generally, the company waits until the last moment. If you are firm in your decision and stand by it, then go to the senior on the last day and hand over all the things you are holding. This action will help you to receive your full and final dues.
Regards,
Inderjit Singh Ubhi
From India, Delhi
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You have given the notice period as per the employee service conditions with the company. It is up to the company to consider it and give a reply. In these conditions, generally, the company waits until the last moment. If you are firm in your decision and stand by it, then go to the senior on the last day and hand over all the things you are holding. This action will help you to receive your full and final dues.
Regards,
Inderjit Singh Ubhi
From India, Delhi
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Sir, if you are leaving the company for any other reasons and want to switch, you can send your updated CV to Recruitment Agency India | Manpower Consultants | Gulf Recruitment or call us at 9310281163, 01141539088. We are MM Enterprises, the leading company in India for manpower recruitment services.
From India, Chandigarh
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From India, Chandigarh
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