Hi All,
I joined my current company four months back i.e. in the month of november 2009 on 12 months contract. In the contract it is clearly mentioned that by giving 15 days notice perioed either I can leave the organisation or the organisation can leave me.
After sitting on bench and going through some PPT slides for 2 to 3 months, finally the management came up that the process for which we are hired got cancelled and they are exploring other options for us.
While the management were exploring other options for us, I too started searching for jobs outside. Finally my current company told that there is a process in which you may survive more 30 to 45 days, and after that they will put me to some other process. Only if there are any positions else I can leave the company.
As I was in need of job, and staying here I would get some time to search more suitable option, I agreed and moved into the new process.
After I moved into the new process, I got better offer from other company which offers me permanent postion and a much better hike and benefits.
When I approached my reporting manager that I got an offer which suits my profile, he is not ready to relieve me. I had some 5 discussions with him and my HR manager in a bid to negotiate with them. But all in vain.
I dropped him my resignation by email on 23rd Feb-2010 and as per my appointment letter my relieving date would be 9th March 2010. (15 days notice). He replied to that email that my resignation is not accepted.
in one of my negotiation meeting my manager told that I need to stick in this current process (project) for 30 days atleast. I calculated that and in the next meeting I told him that till 9th March 2010 I would be completing my 39 days in the current process.
When I told him this, he came up with other reason saying that my ID has been created with this new process and CLIENT RELATIONSHIP is at stake and he cannot relieve me.
I even spoke with my HR manager individually, even he turned up favouring my reporting manager. They are giving me an option that they will negotiate with my new company HR and try to settle the date of joining.
But not agreeing to relieve me as per the 15 days notice period in the appointment letter. My manager threatened me that he would terminate me but not relieve me.
I tried contacting my new company to explain the situation, but seems they are busy. Even dropped them email twice, yet to receive their reply.
Now I am in great dilema as to what should be done???
Q1) Is my resignation through email valid?
Q2) My manager replied my resignation email that he is not accepting my resignation? In this situation what if I stop comming to office from 9th March 2010 i.e. after my 15 days notice perioed ends. There are no pending dues neither from me nor from the company. I even got my February salary.
Q3) Can he terminate my service just like that?
Q4) Is it appropriate to make my current company HR speak with new company HR to negotiate? My HR manager asked me to send him my new company's appointment letter and he will try having a word with the HR to settle with my date of joining there.
Q5) If I stop coming to office after my 15 days notice period, what can he do? There is no clause that I need to serve as per the process and all. In the appointment letter its clearly mentioned 15 days from either side.
Q6) Can he stop me with a reason "CLIENT RELATIONSHIP is at stake" if he relieve me?
Q7) Current company hired us and outsourced us with their parent company. Now we are at parent company working for their client. For our company client is their Parent company. Hence my manager is worried that if he let me go then the parent company will loose faith in them and finally they would loose their client.
I am sure I have confused you all. But this is my plight at this stage.
Please suggest me some thing..
Eagerly waiting for your valuable replies...
Thanks & Regards
Rehaan Khan
From India, Hyderabad
I joined my current company four months back i.e. in the month of november 2009 on 12 months contract. In the contract it is clearly mentioned that by giving 15 days notice perioed either I can leave the organisation or the organisation can leave me.
After sitting on bench and going through some PPT slides for 2 to 3 months, finally the management came up that the process for which we are hired got cancelled and they are exploring other options for us.
While the management were exploring other options for us, I too started searching for jobs outside. Finally my current company told that there is a process in which you may survive more 30 to 45 days, and after that they will put me to some other process. Only if there are any positions else I can leave the company.
As I was in need of job, and staying here I would get some time to search more suitable option, I agreed and moved into the new process.
After I moved into the new process, I got better offer from other company which offers me permanent postion and a much better hike and benefits.
When I approached my reporting manager that I got an offer which suits my profile, he is not ready to relieve me. I had some 5 discussions with him and my HR manager in a bid to negotiate with them. But all in vain.
I dropped him my resignation by email on 23rd Feb-2010 and as per my appointment letter my relieving date would be 9th March 2010. (15 days notice). He replied to that email that my resignation is not accepted.
in one of my negotiation meeting my manager told that I need to stick in this current process (project) for 30 days atleast. I calculated that and in the next meeting I told him that till 9th March 2010 I would be completing my 39 days in the current process.
When I told him this, he came up with other reason saying that my ID has been created with this new process and CLIENT RELATIONSHIP is at stake and he cannot relieve me.
I even spoke with my HR manager individually, even he turned up favouring my reporting manager. They are giving me an option that they will negotiate with my new company HR and try to settle the date of joining.
But not agreeing to relieve me as per the 15 days notice period in the appointment letter. My manager threatened me that he would terminate me but not relieve me.
I tried contacting my new company to explain the situation, but seems they are busy. Even dropped them email twice, yet to receive their reply.
Now I am in great dilema as to what should be done???
Q1) Is my resignation through email valid?
Q2) My manager replied my resignation email that he is not accepting my resignation? In this situation what if I stop comming to office from 9th March 2010 i.e. after my 15 days notice perioed ends. There are no pending dues neither from me nor from the company. I even got my February salary.
Q3) Can he terminate my service just like that?
Q4) Is it appropriate to make my current company HR speak with new company HR to negotiate? My HR manager asked me to send him my new company's appointment letter and he will try having a word with the HR to settle with my date of joining there.
Q5) If I stop coming to office after my 15 days notice period, what can he do? There is no clause that I need to serve as per the process and all. In the appointment letter its clearly mentioned 15 days from either side.
Q6) Can he stop me with a reason "CLIENT RELATIONSHIP is at stake" if he relieve me?
Q7) Current company hired us and outsourced us with their parent company. Now we are at parent company working for their client. For our company client is their Parent company. Hence my manager is worried that if he let me go then the parent company will loose faith in them and finally they would loose their client.
I am sure I have confused you all. But this is my plight at this stage.
Please suggest me some thing..
Eagerly waiting for your valuable replies...
Thanks & Regards
Rehaan Khan
From India, Hyderabad
Dear Rehaan,
As per the stated situation, the resignation is valid through e mail, you just keep a copy of your resignation, so that it can be shown to your new Company that you have resigned in the current Company
Moreover, since you have served your 15 days Notice period , you dont have to worry about. He cannot stop you from leaving the Company
I would not suggest you to make your current Company HR to speak with the new Company HR.
Kindly do update me
Regards
Anu Singhal
From India, New Delhi
As per the stated situation, the resignation is valid through e mail, you just keep a copy of your resignation, so that it can be shown to your new Company that you have resigned in the current Company
Moreover, since you have served your 15 days Notice period , you dont have to worry about. He cannot stop you from leaving the Company
I would not suggest you to make your current Company HR to speak with the new Company HR.
Kindly do update me
Regards
Anu Singhal
From India, New Delhi
Dear Rehaan. You can happily joined the new company after 9th March.. Never fall in love with your company but fall in love with your job... Thanks Sunita
From India, Mumbai
1From India, Mumbai
Dear Anu,
Thank you for the reply,
Is my resignation email considered valid, even though my reporting manager did not accept it?
I spoke with my new company HR, she gave me an option by extending my joining date for 2 weeks, saying this is the max she can do.
Now I need to negotiate with my manager on this again.
Yes you are right, I did not make them interact.
Regards
Rehaan
From India, Hyderabad
Thank you for the reply,
Is my resignation email considered valid, even though my reporting manager did not accept it?
I spoke with my new company HR, she gave me an option by extending my joining date for 2 weeks, saying this is the max she can do.
Now I need to negotiate with my manager on this again.
Yes you are right, I did not make them interact.
Regards
Rehaan
From India, Hyderabad
Dear Sunita,
Thank you for the reply,
Glad to hear that I can confidently join the new company. But my new company requires me to submit my relieving letter from the current company on the date of joining itself, failing which my joining formalities will not be taken forward.
Now, if I leave my current company as per the notice period going against them, I think they will make me suffer for my relieving letter saying my resignation was never accepted and I obscunded etc etc...
Please Suggest..
Regards
Rehaan
From India, Hyderabad
Thank you for the reply,
Glad to hear that I can confidently join the new company. But my new company requires me to submit my relieving letter from the current company on the date of joining itself, failing which my joining formalities will not be taken forward.
Now, if I leave my current company as per the notice period going against them, I think they will make me suffer for my relieving letter saying my resignation was never accepted and I obscunded etc etc...
Please Suggest..
Regards
Rehaan
From India, Hyderabad
Dear Rehaan,
You can negotiate with the current Company for 2 more weeks, but at the same time make sure that if they are making you stay for 2 more weeks than, they have to give this in written that "You would be relieved fromm your job responsibalities after 2 weeks and in case they dont giv the relieving after 2 weeks , this letter should be considerd as a relieving letter."
Morever, you can discuss it with the new Company about the whole case, you can show them the appointment letter mentioning the notice period of 15 days & the resignation letter as a proof of your innocense
Its your career & no one can stop you from your growth prospects
Kindly update me about the decision
Regards
Anu
From India, New Delhi
You can negotiate with the current Company for 2 more weeks, but at the same time make sure that if they are making you stay for 2 more weeks than, they have to give this in written that "You would be relieved fromm your job responsibalities after 2 weeks and in case they dont giv the relieving after 2 weeks , this letter should be considerd as a relieving letter."
Morever, you can discuss it with the new Company about the whole case, you can show them the appointment letter mentioning the notice period of 15 days & the resignation letter as a proof of your innocense
Its your career & no one can stop you from your growth prospects
Kindly update me about the decision
Regards
Anu
From India, New Delhi
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