Resignation Without Notice Period [Thread 570881]

According to my offer letter from my employer, my notice period is 2 months.
If I want to leave without giving a 2-month notice, I have to pay 2 months' salary. So, I offered my employer that I will pay the amount. However, they refused to process my resignation stating that the HR manager is on leave and it cannot be done today. As I have to leave, I cannot wait for the HR manager to come.

They are telling me that I will be termed as an absconder and will not be given an experience certificate.

What should I do?

Dear AMARENDRA,

I think that you are well aware of the difficulties in instantaneously processing a resignation letter and relieving the employee forthwith. Just because you are ready to pay the notice salary, you cannot compel immediate relief. Resignation will only take effect when it is accepted by the employer, and relief and other formalities are subsequent to the acceptance of the resignation. Your haste and unreasonable insistence would naturally provoke a negative response. Be considerate and wait for some days.

Send your resignation letter either through official email (keep evidence for the future) or through speed/registered post. Absence or unavailability of an HR manager cannot be grounds for not receiving your resignation letter. The company seems to be doing it intentionally to harass you as you want to leave and were ready to pay 2 months' notice pay as per the letter of appointment.

Dear Amrendra,

The organization is ready to give you a smooth exit, as you stated that the HR Manager is on leave. You have to have some patience and wait for the incumbent. They will definitely provide you with all the required documents that you need.

Do not get impatient during this process; it will take some time.

Thanks,
Shubham

Dear Amarendra,

Since it is given in your offer letter that you can leave the company with a notice period of 2 months or by paying 2 months' salary to the company, there is no need to wait because you are not breaking the company rules or policies. If the company is not ready to accept the resignation citing that the HR Manager is not available, there will be and should be an authorized person in charge of the HRD. So as per what Mr. Ritesh said, it is better to send your resignation letter by official mail and by registered post with acknowledgment.

Are the exit formalities carried out in your company? If so, after receiving the acknowledgment of receipt, you can request to complete the exit formalities. Still, if they are not accepting your resignation or if they are not ready to give you clearance, it would be better to approach the labor officer or a legal expert regarding the same. I would also suggest that you communicate with your new employer regarding this issue and let them know the current status.

Since I am a newbie, I would also suggest getting opinions from some of the senior-level people in and out of the company or here.

Dear Amarendra,

Is it fair on your part to ask for instant release when you know that the current employment has a provision for a 2-month notice period? There is a purpose for keeping the notice period. On mutual understanding, it may be adjusted. The two months' salary is kept as a deterrent.

Apparently, your senior has passed on the problem to the HR Manager, who happens to be on leave. He/She will come back, and then you can discuss it. People who are relieved instantly are of the "undesirable" category only.

You have not mentioned the period of leave your HR Manager has availed. If it is a day or two, it is advisable to wait for him/her to accept your resignation formally. If the leave is for a longer period, the HR Manager must have authorized someone to take care of his/her responsibilities; you can submit your resignation to the authorized person. I am sure that if you have to wait for a day or two, even your new employer will understand and wait for your joining.