phoenix129in Started The Discussion:
Hope you all are doing great.
Just wanted to know if there are any laws that pertains to Resignation Acceptance Law by Employers.
Eg. In a company one anybody resigns the employer acknowledges the resignation mail. This process will take a maximum of 5 to 7 days due to negotiations and everything. But, what if the employers sends it to you before you your notice period end date? and attached along things to do list for handover which 100% exceeds the actual notice period of 2 months from 7 to 10 days.
The place I work includes a senior mgt member who is very adamant on this issue. He delays the 2 months notice period to more days saying that the work isn't completed.
I as a HR has seen this happening to 5 ex employees, some even haven't got there relieving letters or salary or even the PF for that matter due the same thing.
Kindly advice what would be the best solution to tackle this issue.
Thanks & Regards.
The Industrial Exployment (Standing Orders) Act 1946, deals with the resignations of workmen. These principles has been practiced even for the management cader staff. Once the employee submits the resignation, the Management is suppose to communicate the acceptance of resignation and the last date of working. If employer do not communicate the acceptance of resignation, the employee can very well discontinue the employment. The Constitution Of India provides one of the basic fundamental right to choose the profession of the choice of individual and no employer can go against it. The normal stand taken by the employer that the employee before leaving the organisation must complete certain work is only a matter of smooth seperation, but there is as such no law. The employees normally to ensure that they get relieving letter which need to be submitted to next employer do not raise the voice.
In true sense, acceptance is required and thereafter proper full & final settlement to complete the process. We must aware that law is common sense and common law always prevail. Suppose employee leaves without acceptance and relieving letter... what happened... let hard core HR professional answer this question... Is he accept employee who does not carry and relieving / experience letter?
after receiving the resignation letter from the employee, the employer is obliged to respond to it whether accepting or refusing but it should be with strong reason. if the employee is on certain project which require his special attention and must be finished by him, the employer must have a mutual agreement with the employee that if it happened the notice period cant be enough to finish the work,then the company will pay the employee for the extra working days.
to avoid all these unnecessaries, thats why many companies do not allow the employee to work for their notice period ,instead they pay them in lieu of their notice period they were suppose to work for, this is because many employee tend to not perform well during that time, and most of them pretent to get sick during notice period they may come up with so many excuses for not being at workplace,because they will be just buying time for them to go. their intrests are highly prioritised during notice period.
hence, if you are going to hold the emloyee after notice period got finished, then you should prepare to pay them coz that will be new contract.
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