Offered resignation but company doesn't want to start the notice period until they've accepted it

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Posted on 16 Aug 2022, this text provides information on General Queries related to Interviews. Please note that while accuracy is prioritized, the data presented might not be entirely correct or up-to-date. This information is offered for general knowledge and informational purposes only, and should not be considered as a substitute for professional advice.

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manpreet Tuteehub forum best answer Best Answer 2 years ago

I am working in a service based company. I got a new offer so I have put down my papers. I have resigned in Aug and I will be relieved of duty in Oct. But my manager accepted my resignation in September so from their onwards I need to serve 2 months notice according to them. I will be relieved in November. So please advise me does the notice period start on the day I resigned or not until they accept my resignation? If they accept my resignation after 6 months is my notice period effectively 8 months? How should I resolve this situation?

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manpreet 2 years ago

 

A resignation does not have to be "accepted". You are cancelling your contract. That is a one-sided action. If you would need your employer's consent, you'd be a slave and slavery is illegal.

The only thing you need to do is to make sure your notice actually reaches your employer. This can be done in various ways. The easiest probably is going into your boss' office, handing in your notice and get a written receipt. This is a standard procedure and every HR department will have forms for this.

If this does not work, this means your company is either a disorganized mess or your boss is an idiot. This probably goes hand in hand. If you have to get a proof of handing in your notice on a certain day without help from your boss and HR department, you have two options: you can come up with colleagues who come with you and witness the scene and give you a written testimony that they saw you handing in your notice or you can check with your postal services. Most will have a way of sending letters that are documented. You get a return slip and an explicit confirmation from the postal service that the letter has indeed been delivered on a certain date.

The only "acceptance" criteria might be that your letter has been opened on the next business day. For example if you sent it on friday, it got delivered on saturday but with nobody in the office on saturday and sunday, it got opened on monday. That would indeed be a case where while it was delivered on saturday, monday might be the date you have to calculate from.

Although your contract may state otherwise (where I live, having notice periods that read "you may quit at every quarter, provided you give at least 6 weeks notice" are common for example), in generalYour notice period starts on the day your company is made aware of your resignation. Your company may not chose to turn a blind eye. They are aware of it as soon as their business day starts and your resignation is in. You still need some kind of written proof though if your company is not willing to comply.

 

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