Community › Forums › Legal Advice India › Need urgent legal advice – Manager not accepting resignation, delaying 60-day notice period
- This topic has 16 replies, 10 voices, and was last updated 1 year, 2 months ago by
Nadiapanther118.
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NNadiapanther118
PARTICIPANT
April 8, 2025 at 10:19 amI need legal advice on a difficult work situation. I recently got a job offer after struggling for a long time. The new company has asked me to join in 60 days, and I informed them that my current company requires a 60-day notice period. They agreed to that.I submitted my resignation, but my current manager (who is toxic and the reason I’m leaving) is deliberately not accepting my resignation. She knows that the 60-day notice period will only start once they accept it, and is now using this as a way to torture me and delay the process, possibly so I lose the new opportunity.
I really need the experience and relieving letters from this job, so I can’t just abscond — the new company has clearly said they need full documentation. I’ve heard she’s also checking with legal/lawyers from their end.
Is there anything I can legally do here to make sure:
1. My resignation is accepted officially?
2. My notice period can start from the date I submitted it, not when they feel like accepting it?
3. I receive all proper relieving documents even if they delay or try to create issues?
4. Any legal action can I take on my manager?Any help or advice would be really appreciated. Thanks in advance!
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GGauravtiger377
PARTICIPANT
April 8, 2025 at 10:29 amSend a mail to your manager mentioning all details of your resignation.
Put HR in CC of that mail
also put your senior manager in CC.-
RRamyastar503
PARTICIPANT
April 8, 2025 at 12:11 pmExactly ! put on email with HR in cc, no one dare can challenge then -
NNadiapanther118
OP
April 8, 2025 at 3:24 pmUnfortunately no help from HR, they simply saying they are waiting approval from higher management team!-
GGauravtiger377
PARTICIPANT
April 8, 2025 at 3:27 pmThen resend mail stating that you have resigned, reason mentioning for resignation is not necessary, now putting senior manager/delivery manager in CC along with HR.
And if possible know senior HR details and CC him as well.-
NNadiapanther118
OP
April 8, 2025 at 3:28 pmSure will do that, thanks a much for helping out 😊
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AAravwolf136
PARTICIPANT
April 8, 2025 at 10:34 amYou have to stay calm in this situation. Approaching in a hostile way will further escalate the things. You can move in legal direction, but that won’t be fruitful like you might have assumed. There is something that you and your manager knows which is the root cause. Your aim has to be to politely sort out things and get a smooth exit because it’s your life that is stuck at this moment.-
NNadiapanther118
OP
April 8, 2025 at 3:24 pmThanks for your inputs 😊
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VVandanashark196
PARTICIPANT
April 8, 2025 at 11:08 amIn house lawyer here.1. Your notice period starts the day you have officially submitted your resignation. Acceptance date is immaterial.
2. You don’t need them to approve your resignation.
3. You will get your fnf and relieving letter in due course.usually 45 days from your exit.
Be calm. Don’t give them any opportunity to fuck things up.
Ensure you communicate your last day to the team and others involved and proactively plan your handover.
Keep your manager in cc and let him know your plans.
Manager can act salty as team attrition is a matrix on which they are judged.
Eat 5 star and do nothing.
Also, don’t burn your bridges and even sarcastically thank that manager during your farewell.
Kill him with kindness
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DDesishivansh558
PARTICIPANT
April 8, 2025 at 2:17 pmlawyer here.that is pretty insightful man, thanks for posting.
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NNadiapanther118
OP
April 8, 2025 at 3:23 pmWow thanks for the insights 🙌-
BBravesachin924
PARTICIPANT
April 8, 2025 at 3:44 pmYes, the moment you put resignation. Your notice period will start. In my case i wrote an email saying today i resigned and my last working day would so and so. Manager accepted my resignation after couple of days.All the best for future 🤗
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MMegaprashant4593
PARTICIPANT
April 8, 2025 at 11:36 amCheck what the process for resignation is. An email to your manager is fine to establish your LWD as per the company’s exit policy.In case you need an acknowledgement – send an email to your manger , copy his manager and HR. Indicate that as you have resigned you would like to work with him to ensure a smooth transition handover and exit on the LWD.
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MMightykomal1002
PARTICIPANT
April 8, 2025 at 1:52 pmYour notice period starts the day you put your resignation mail. My resignation was accepted on 45th day.. So don’t worry about it.-
NNadiapanther118
OP
April 8, 2025 at 3:25 pmI hope so, thanks for the insights!
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BBrightthinker9189
PARTICIPANT
April 8, 2025 at 2:47 pm“She knows that the 60-day notice period will only start once they accept it, and is now using this as a way to torture me and delay the process, possibly so I lose the new opportunity.”Not really true. Your 60 days period has started the day you give them the formal notice.
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NNadiapanther118
OP
April 8, 2025 at 3:26 pmYeah sure, thanks for the suggestions 😊
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