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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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    Its a difficult one to answer, as it varies the world over - here in the UK, I am not beholden to my employer, so when I submit my resignation (the few times I have done it in my 20 year career) I explicitly put "My period of employment will end on the XX of YY" which is a suitable period on from the date I hand that notice in, and thats that. I stop going in after that day, they stop paying me after that day - there is no "acceptance" from the company, I don't have to wait for their agreement that I am resigning, I have simply resigned and they can't do anything about it. – Moo Sep 16 '15 at 9:51
  • Unsure on other countries laws, but here it's up to you when you resign, so long as you hand in a formal resignation in writing, it starts from then, your employers have no control over that. However they can make some problems for you such as not giving a good reference etc,. but if you already have a firm job offer, that shouldn't worry you unduly. – Kilisi Sep 16 '15 at 9:53
  • @Moo that is the best way. – Amit Sep 16 '15 at 10:07
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    The country need to be stated. Items such as relieving letters and notice periods are very nation specific. – mhoran_psprep Sep 16 '15 at 10:29
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    @Dogbert I suspect the country in question is India, where I guarantee you that all laws favour the employer – Carson63000 Sep 17 '15 at 2:36
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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 general Your 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.

  • In many countries you can send registered mail; you will get a receipt from the post office that (a) the company received the letter, (b) the company refused to receive the letter, or (c) the letter couldn't be delivered to the company's premises. In case (b) and (c) it's the company's fault and it's as good as if they had received it. If nobody can handle the resignation letter, that's their problem as well. – gnasher729 Sep 17 '15 at 19:24
  • @gnasher729: "it's the company's fault" is definitely not always the case. Specifically, I know that in Germany it is usually your problem if a registered letter cannot be delivered, no matter what the reason. – sleske Sep 22 '15 at 12:30
  • @Sleske That's plain wrong. In Germany, a company needs a "Ladungsfähige Anschrift" and if the postal service cannot deliver to that, the company can be sued. How else would you deliver legal documents? – nvoigt Sep 22 '15 at 14:31
  • @nvoigt: AFAIK, the "ladungsfähige Anschrift" is mainly relevant for official delivery of documents (Zustellung, §166ff Zivilprozessordnung). I don't think there is necessarily an obligation to accept an ordinary "Einschreiben". I might be wrong though. At any rate, this is rather off-topic ;-). My point was that even registered mail my not be "bullet-proof", and I still stand by that. The "bullet-proof" option is official delivery by a public officer. – sleske Sep 22 '15 at 14:35
  • Be aware that this answer does not apply to every country in the world. – DJClayworth Sep 22 '15 at 15:19
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It should start from the day you resigned, provided you don't have anything mentioned about this in your employment contract. Resignation letter should clearly mention your last working day as per your notice period. Companies can relieve you early or can only request you for staying. It is up to you whether you want to stay or leave.

In your case you again send a mail to HR/manager that like, below

To: manager@somecopmany.com, hr@somecopamany.com

Subject : Regarding my resignation and last working day

Hello,

As you know I resigned from the post of "your designation here" on "date of resignation". As per my employment contract with the company my last working day will be "correct date", which includes two months of mandatory notice period. So, Hereby I request you to please start the exit process and I further ensure you to train my replacement well enough to handle all my responsibilities and roles.

I have enjoyed my time here and "company name" will always remain special for me in future,

Thanks,

"your name"

To back it up you can informally discuss that you have consulted a lawyer and he/she has explained you your employment contract and you know what they are saying is wrong and illegal.

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    Good advice, but there's no real need to bring a (fake) lawyer into this as a simple reading of the contract and any relevant general workplace laws should be doable by a layman and sufficient in this situation. – Lilienthal Sep 16 '15 at 10:16
  • @Lilienthal That was added if the HR/manager further pushes OP even after reading the mail. – Amit Sep 16 '15 at 10:19
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    @aProgrammer Not sure "faking" a lawyer is going to help you in the negotiation. Just be firm about what you want the letter to say, etc. If you want to take legal action you do that without informing them. – Brandin Sep 16 '15 at 11:52

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