When Notice Period Start On Date In Which Resignation Given Or Date On Which Get Accepted?

Anoymous
What will be my relieving date if I resigned on 9 June and the company accepted the resignation on 24 June, and I need to serve a 2-month notice period? Company wants to count the days when they accepted the resignation, but I want to count the days when I gave my resignation.

Please provide the solution.
nathrao
Your notice period will commence on 09 June onwards. You were expected to give two months' notice, and your two months' notice commences on 09 June, whatever date the company accepts the resignation.
Avika
The notice period is counted from the date of tendering the resignation, irrespective of the date of acceptance by the management.
Dev Nayak
It depends upon your management and your HR when he/she wants to count, but according to company law, your notice period counts from the accepted date of the HR department.

Please let me know if you have any further questions or need clarification on this matter. Thank you.
tajsateesh
Hello,

First, check what your Appointment Letter says regarding this aspect. As a general rule, like other members pointed out, the notice period starts from the date of resignation. However, I have seen companies where they start from the date of acceptance and mention it in the Appointment Letter clearly. Some companies just leave this aspect vague, thereby leaving scope for them to interpret it the way they like.

Regards,
TS
ashish.827@gmail.com
Dear Member,

Your notice period will commence on 9th June. There is no matter when the company accepts it, but please keep a receipt copy with you.
srivastavacmlal
Dear All,

I agree with Avika and Nath's view on the notice period for resignation, which should begin from the day the resignation letter is submitted to the Company's office where the employee works. The letter of resignation can be handed to the immediate superior, who will then forward it to the Competent Authority/Concerned Department for further processing and acceptance by the Management's designated Competent Authority. The notice period starts from the date the resignation letter is received in the Company's office.

The Management is responsible for either accepting or rejecting the resignation. The acceptance or rejection must be communicated in writing to the employee. The employee is entitled to be relieved on the last working day of the notice period. The outgoing employee must hand over responsibilities either to their immediate senior or to a person nominated by the superior officer. The Full and Final settlement (FNF) will be processed by the Company upon completion of the No Dues process. Therefore, the outgoing employee must ensure all these aspects are taken care of.

With regards,

C.M. Lal Srivastava
09818680671
srivastavacmlal@gmail.com
tajsateesh
Hello C.M. Lal Srivastava,

While appreciating the clarity and details you provided, let's also be clear about what the thread initiator is looking for - he/she is looking for a solution. All of us have given what the 'ideal/legal/accepted' practice ought to be. However, as I mentioned earlier, I have seen companies (needless to mention, headed by unprofessional characters at the top) mentioning clearly in Appointment/Offer Letters that the count will be from the date of acceptance OR, worse still, leaving this aspect vague to take advantage when an employee resigns. Most joinees don't care to read the fine print. Unless the thread initiator clarifies what's mentioned in the Appointment Letter, I guess all of us would be wasting our time by making countless presumptions...none of which may be actionable and realistic in the given situation.

Regards,
TS
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