Not allowed to resign??

Philippines
March 22, 2012 2:14am CST
Hi, is it possible for my boss not to allow me to resign if I want to? like what if he did not accept my resignation? what do I do? will I just not go to work after my last day as per my resignation letter? Will that have a negative feedback on my career? My position is that of managerial in nature and he is saying that I can't just leave even if I have filed my resignation and gave them ample time to look for my replacement.
2 people like this
26 responses
@yahnee (1243)
• Philippines
22 Mar 12
You have a right to resign except in cases where you have committed an infraction against the company which is still under due process and investigation. If there are no problems you can resign anytime you want to because there is no law that prohibits resignation. However, there are company policies that need to be followed like providing the company with enough notice in order to hire a replacement for your position. In your case which is managerial in nature, the notice required is often 30 days. Going beyond that may be based upon your own personal conviction or out of concern for the company that you are leaving especially if they request for an extension of your services. If the company still refuses to allow you to leave after all the requirements have been completed, you can file for a case especially if they will put your last salary, benefits and separation pay on hold. If they do not hire a replacement, it would be their problem not yours a long as you have given enough notice to the company.
• Philippines
24 Mar 12
Hi yahnee, I filed my resignation with 60 days notice. I understand that it is not easy for my boss to look for my replacement especially since I have been with the company for so long. All I want is for them to allow me to leave. I don't want anyone to get mad at me or have negative feelings against me for leaving, but I guess that is just something that can't be avoided, we all have our personal interests and me leaving is definitely against their preference. My boss just keeps insisting that 60 days is not enough because of my managerial position.
• Philippines
28 Mar 12
Thanks yahnee, I do hope everything will turn out okay between me and my boss and that there will be a smooth turnover
@yahnee (1243)
• Philippines
24 Mar 12
I think 60 days is more than enough notice even for someone in a managerial position. It is also enough to turnover over all the duties and responsibilities to the replacement should your boss consider looking for one. i think his pride was hurt by your resignation. He might have entertained the thoughts that you will be working for him forever because he must have assumed that this company is the best for you. It is your right and prerogative to pursue your own personal ambitions. Good luck.
@pjha1975 (214)
• India
22 Mar 12
Hi, silverglint. What you have not clarified in your post is whether you are serving the notice period or not. All organizations have set policies as far as resignation/separation goes. If employees are not following them, then the boss can reject the resignation letter. But, frankly speaking, if the employee is serving the notice period, then the boss has no right to reject the resignation. First of all, you need to clarify the HR policies in your org as far as resignation/separation goes. After that, you should put all of your efforts into training your replacement (if already hired) during the notice period. Try to leave the organization with a good rapport & professional courtesy so that your superior can provide a good recommendation for your next job/career move.
• Philippines
28 Mar 12
Thanks pjha1975, It's reassuring to know that I have not wronged anyone in the process of pursuing my dreams
@pjha1975 (214)
• India
25 Mar 12
Well, in that case, silverglint, u r absolutely in the right & no one can stop you from resigning. Its the company's problem dragging their feet to get a replacement for you. Let it go... There is always lot better opportunities waiting for you out there...
@TheCatLady (4691)
• Israel
24 Mar 12
He can't prevent you from leaving. That would be slavery. I don't know what his problem is. You gave more than enough notice. You haven't said what your job is or how long you have been with the company, but very few people are really irreplaceable. We like to think we are, but 99% of the time someone else can get the job done just as well.
• Philippines
29 Mar 12
Hi TheCatLady, I accept the fact that there are a lot of people out there that can do what I do that is why I have no problem resigning since I know that my boss can always find someone else. But just to let you know, I am in a managerial position, directly reporting to the owners of the business and I have been with them for 10 years now
@ybong007 (6643)
• Philippines
22 Mar 12
Bosses would do everything it can to prevent an employee from leaving but it doesn't mean they can force an employee to stay. As long as you filed your resignation within the set time frame as indicated in the company guideline then you can stop reporting for work. Although you can do that, I don't think it's the proper thing to do since as you said yours position is managerial in nature, meaning you're not just any other employee that can be replaced right away. I think you have to talk to your boss about it and discuss the reasons why you're leaving. I don't think any boss would prevent an employee from leaving if the reasons are valid, especially of the reason is to advance your career.
• Philippines
24 Mar 12
Hi ybong007, I already talked to my boss and no reason is valid for him as long as it will affect him. He wants everyone to adjust to what he wants, he doesn't care about what I want in my life. He especially dislikes me looking for a "greener pasture" since he thinks that job that he provides is the best there is. I gave them 60 days notice. he said we will talk again after a month, I do hope we will be talking about the turnover by then.
@ybong007 (6643)
• Philippines
22 Mar 12
"Good" employees from leaving
@RamRes (1723)
• Argentina
28 Mar 12
There is no way they can force you into doing something you no longer want, both socially and legally. After all, a job has a contract, either signed or implied by law, where you work and them give you money in return. All contracts always have some legal way to get out of them earlier, in the form of a recession clause. You can resign at any time you want, but you lose all social benefits and future payments, and they can fire you at any time they want, but they must indemnify you. Applying that, you CAN resign by sending a letter to the management at any time, even from one day to another if you really want, although it's better to tell them first and give a reasonable time frame to rearrange the job you're leaving.
• Philippines
28 Mar 12
Hi RamRes, Thanks for the advice. I really hope my boss and I will be able to come up with an agreement of some sort. I don't want anyone having negative feelings against me just because I had to do what I had to do.
@bhonti (1246)
• Philippines
22 Mar 12
Well professionally speaking I think, you should make sure that the position you are leaving will be in good status when you leave. I think its right that there must be proper endorsement of your task before you leave.
• Philippines
24 Mar 12
Hi bhonti, Ideally, I would like to be able to train someone and turnover everything to her before I leave, but what if my boss does not exert any effort to even look for my replacement? does that mean I will have to be stuck there until he finds one? I don't think that would be fair on my part right?
@bhonti (1246)
• Philippines
24 Mar 12
Yeah, I think that is the main purpose of filing your resignation in advance and indicating the date of effectivity. Well, if you had a reasonable date of effectivity of your resignation, a date enough for them to find you a replacement, well then I think it will not be your fault at all.
@jazel_juan (15747)
• Philippines
23 Mar 12
It all depends on your company policy.. there is no point in forcing you to stay too. Our company allows us to resign given that we give our resignation 1-2 months before the resignation date or its effectivity, giving them the time to look for replacement and sette what is there to settle.
• Philippines
10 May 12
I guess it is just different if the boss is a family friend and you have to consider the friendship that will be affected if I just leave without him actually releasing me. I don't want to be burning bridges, I believe that everything can be settled as long as both parties are willing to adjust to each other's requests.
@airasheila (5454)
• Philippines
22 Mar 12
good day silverglint, with reference to your main topic, i do understand your boss. wherein he might be worried that if you leave the company right away, nobody will take care of your post since you are handling a managerial type position. perhaps, it is not that, he does not want to accept your resignation, hence, it is more on, he trusted you more so he just want to set some time to adjust on to the new employee who will handle your job post soon. however, since you have filed the resignation, it is your right to follow the last date indicated therein. just make sure that you adhere on the terms and conditions of your company in observing the grace period to be implemented, i.e. 30 days notice period, something like that.
• Philippines
10 May 12
Hi thanks for the reminder, I did file my resignation with 60 days notice since I did consider that my boss might not be able to find a replacement immediately. I am actually willing to extend a bit more if needed as long as he will give me the assurance that he will release me and not just ignore my resignation as if nothing happened just because he does not agree with my decision
• Philippines
23 Mar 12
you need to follow the management procedures. your boss is right to let you remain until they find a replacement. maybe, for steadfast replacement you could recommend people in your office for ascending position. this become the policy in most office elevating the subordinates to assistant or managerial position whoever qualify. why in a hurry? you need to wait until you get a clearance so you could get your employment certificate and resignation paycheck and other documents for a legal resignation with your administrative approval.
• Philippines
10 May 12
I don't mind waiting for a replacement as long as they actually take some steps to hire or at least look for one. What I don't like is that they would ignore my resignation as if nothing happened even after I filed it already. I would rather know what would be required of me to be able to resign than to just wait and wonder whether or not I can move on and do what I have to do.
• United States
23 Mar 12
Absolutely not. If you gave proper notice he cannot do anything. Check your works policy on giving notice and resignation. If you have given him the approporiate time as stated in this companies guidelines then leaving on the date you have specified will not give you negative feedback. He does not own you and you are most certainly fee to walk out that door.
• Philippines
29 Mar 12
Thanks katie4720011, I will keep that in mind when I get to talk to him again and he still refused to release me from my job
@laniekins (4579)
• Philippines
22 Mar 12
That might also be my problem if I tender my resignation in a few weeks. My boss is not expecting me to resign. I guess for me, I had enough on my job and I have the right to stay or not. I guess you should be tough if you are really decided to resign, there are boss who will not accept resignation and will offer you salary raise or any other bonuses, and there are who don't care at all. It's up to you if you really wanna resign or not, you just stand up for what decision you have.
• Philippines
24 Mar 12
Hi laniekins, thanks for the encouragement, I really want to move on, my boss did try to negotiate with me by making promises and all that. He even tried to make me feel guilty I just hope I don't have to burn bridges, if you get what I mean, while standing up for what I want.
@r3jcorp (1382)
• Philippines
22 Mar 12
I think that it would be proper to give him ample time to know that you are leaving. It should be at least a month before the effectivity of resignation so that you could still endorse documents/works and train whoever will replace you. Make the resignation letter irrevocable, unless you would be interested if your boss will offer you a good rate or other benefits. Leaving a work should be in professional manner. Maybe inform him that you are require to report to work on a date so you need to leave his company.
• Philippines
24 Mar 12
Hi r3jcorp, I filed my resignation with 60 days notice. I am actually thinking it might be too long since he might forget about my resignation after a month hehe. I think I will have to remind him from time to time that he needs to look for a replacement, I think he is too preoccupied with so many things.
@dazzledlady (1618)
• Philippines
22 Mar 12
I think that your boss is somewhat right to but allow you to resign unless someone can take over your place or he can delegate your work to another person. I think that every company has a notice period where you inform your boss of the day that you will resign so that they can find a replacement for you. But if the day is up and they still do not have one then it is reasonable for you to go to the Hr department or department of labor if he will not allow you resigned. It is never a good work ethics for me to just leave the company the instant you decide you do not like working there anymore. Just review on you companies policy on resignation.
• Philippines
24 Mar 12
Hi dazzledlady, I guess its my fault that I did not mention in my discussion that I gave them 60 days notice. It seems like everyone assumed that I did not give them any notice and would like to leave as soon as I filed my resignation. Anyways, we are due to talk again after a month, I do hope my boss will keep his promise to look for my replacement as soon as possible.
• Philippines
22 Mar 12
It actually depends on your contract. You might want to look it up again and check that part. If you found that you've been following the contract regarding the process of your resignation, then there's no reason for your boss to hold you. Filing of resignation is usually easy for ordinary employees, but as you said, you're a manager. It's difficult to hire or promote employees to fill in to your position. I suggest you give it some time. Talk to your boss and give him a specific date that you would want to leave the company. Give him at least 2 or 3 months. If he didn't agree and he clearly contradicted what was written in your contract, then you could seek for some legal help.
• Philippines
29 Mar 12
Thanks for the advice cleverland, I gave them 2 months to look for my replacement and for me to turnover everything to her. by april 15th, it will already be a month since I filed my resignation and still no replacement yet. He said we will talk again by April 15, hopefully, we can come up with a compromise for both parties
@millertime (1394)
• United States
25 Mar 12
Your boss can state that he doesn't want you to leave but there is nothing he can do to make you stay. You have given notice and you simply have no obligation beyond that. Complete your separation procedures with HR and you are done as of the day stated in your resignation letter. Your boss can't force you to come in after that. As for it hurting your career, it shouldn't unless your boss decides to lie about the circumstances of your leaving his company. If he did, you would have a good basis for a lawsuit against him.
• Marikina, Philippines
11 Apr 12
Oh sure. That is what I know for the boss. They have the power to allow, to fired or to resign someone even if I have not yet experienced working outside from home, but that is the way I see it. Maybe the reason why the boss does not want you to leave is that they are still looking for a replacement. Maybe you just wait. If there is someone new who take your place, you can easily leave.
@garson (884)
• United States
2 Apr 12
I am also curious if this is allowable in some countries. Are you offered a different job? I noticed that some countries ask people to leave about a month or more notice for resignation. In the US, two weeks are the minimum amount of time to give a notice of resignation.
@asliah (11137)
• Philippines
14 Mar 13
that is why some of bosses don't allow their employee to resign as soon as possible till they will not find any one who will replace for the position,but if they are many in that position i think their boss will allow him/her to resign.
@asliah (11137)
• Philippines
14 Mar 13
that is very impossible because no one will force you to stay in your work,i actually had a co-worker who resigned impromptu i mean that day she told to our boss that she will resign now and will transfer to other department but my boss can't do anything to stop her.
• India
22 Mar 12
thats strange. if u r giving full notice period then whats the reason for him not to accept the resignation. its understandable if the notice period was not there. u can take help from the HR depart of ur company. m sure they wud help u.
• Philippines
24 Mar 12
I wish there is something the HR department can do about it but my boss is the owner of the company. He just doesn't want to let me go.