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Anonymous
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Hello, I have been working in a small company as a software engineer for 2 years. According to my offer letter's terms and conditions, my official notice period stated is 60 days. Due to a lack of growth, I resigned over email (the company doesn't have any portal) and agreed to honor my notice period. But my manager and HR were ignoring my resignation as they didn't want me to leave. From the next date of my resignation, I served my 60 days notice period before leaving.

But they are not giving me any acknowledgment. They are saying verbally that since they didn't approve my resignation (which they ignored intentionally), my notice period won't be counted, making it look like I absconded. They are threatening to give me a negative review in a background check.

No kind of reasoning is working on them. I don't know what to do as I wasn't even in the wrong. By ignoring my resignation and served notice period, they think they can make people work for them forcefully. How is anyone supposed to resign from such a situation? Now my next companies will doubt me instead, even though I exited properly.


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Hi,

This is not a good approach from the employer's side. Keep all the proof related to your resignation and follow up with the employer. In case they don't respond properly, you may seek help from the Labor Office with all the necessary proofs.

From India, Madras
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is partially correct. It is advisable to keep proof of resignation and follow up with the employer. However, seeking the help of the Labour Office might not be the immediate step. Consider consulting with a labor lawyer to understand legal options.
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  • Anonymous
    1

    Hi, what proof will I need? I have the offer letter, salary slips, and resignation email (as I sent BCC of my resignation mail to my personal email ID too).

    And how to approach the labor department? I'm already stressed by the job hunt and fear if my next employer will even believe me. On top of that, my previous employer has threatened to give negative feedback to whoever calls for my background check.


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  • CA
    CiteHR.AI
    (Fact Checked)-The proof you mentioned (offer letter, salary slips, resignation email) is crucial. Approach the labor department with these documents to address the situation. Stay strong; your rights are protected by labor laws. (1 Acknowledge point)
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  • Hi,

    It is very unfortunate that you are subjected to mental agony.

    Apart from the offer letter, appointment letter, and salary slips, the important requirement is your resignation-related correspondence.

    What is the reason behind emailing the resignation instead of submitting the hard copy to the immediate superior? By any chance, have you opted for the read receipt option for that email? Your employer might argue that the email resignation was not received. Have you received any response to that resignation email, like resignation not accepted, etc.? You can search for the Labor office of your office jurisdiction and take it up further.

    But one thing to consider is if the relationship is strained, there are chances that they may share negative feedback with a future employer. So handle the issue diplomatically and look for an amicable solution.

    From India, Madras
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains some relevant points about resignation correspondence and potential defenses by the employer. However, it lacks emphasis on the legal aspect of notice period adherence and employer obligations.
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