My friend facing a very critical situation. he is working in Indian IT company since last 3years. he has done good work in the company and compny is geeting good revenue for him from clients. Now he have got good offer from another employer. he had sent the mail to manager as well as head of HR on 12.12.11 as per the offer letter my notice period is 2months. Though i sent the mail for resignation on 12.12.11 but now management is saying that notice will start from the date management accept the resignation.he did not get any mail regarding regination acceptance. he continously sent them mails asking tell me the reliving date but he di not get reply. his manager always replying on cell only not on mail. Though his manager is ready to relieve me but top management is not ready to give me the relieving. What can he do in this situation. he just want to know if management will not accept resignation then how can he relieve the company. Can he take some legal action against it. if yes how?
From India, Delhi
From India, Delhi
Dear Yash,
When a person is asking for relieiving from the services of the company according to the offer letter the management has to relieve the person according to that. You may send a reply to the management as follows:-
Sir,
I was appointed in your company on and I served the company for the past years. For my own personal reasons I wish to resign from the services of the company. according to the offer letter issued to me vide letter ref no dated two months notice period has to be served. I tendered my resignation on to and requested to relieve me fromthe services of the company on . There is no confirmation from the company and HR incharge is sending only SMS and not responded to my letter.
Please note that according to my resignation letter I must be relieved from the services of the company on . Please send me the relieving letter or otherwise I have the option to get myself relieved with effect from .
I served this company for years and earned a good name and I hope the company respond to that relieve me immediately after the period of two months.
Thanking you
From India, Madras
44When a person is asking for relieiving from the services of the company according to the offer letter the management has to relieve the person according to that. You may send a reply to the management as follows:-
Sir,
I was appointed in your company on and I served the company for the past years. For my own personal reasons I wish to resign from the services of the company. according to the offer letter issued to me vide letter ref no dated two months notice period has to be served. I tendered my resignation on to and requested to relieve me fromthe services of the company on . There is no confirmation from the company and HR incharge is sending only SMS and not responded to my letter.
Please note that according to my resignation letter I must be relieved from the services of the company on . Please send me the relieving letter or otherwise I have the option to get myself relieved with effect from .
I served this company for years and earned a good name and I hope the company respond to that relieve me immediately after the period of two months.
Thanking you
From India, Madras
Sub- Notice of resignation
I understand that as per the terms of the appointment, an employee has to give two months notice of his intention to resign from the service. Thus the period of notice commences from the date of the letter of the resignation or at least from the date of receipt of such letter by the employer but not from the date of acceptance of resignation.
It is to be understood that the right to resign from service corresponds to the right to terminate the services of an employee with two months notice by the employer. Now the question is if the employer does not accept the resignation, whether the employee should continue to work with the company even after expiry of the notice period or shall he be demeed to be relieved automatically on the expiry of the notice period.
when the two rights are corresponding, conversely, is the employer bound to continue an employee who refuses to levae the company on the expiry of a two months notice of termination served on him by the employer. Any such restrictive practices on the part of the employee will be violative of the Indian Contract Act and Art.19 of the Constitution.
B.Saikumar
HR & Labour law consultant
Chipinbiz Consultancy Pvt.Ltd.
Mumbai.
From India, Mumbai
I understand that as per the terms of the appointment, an employee has to give two months notice of his intention to resign from the service. Thus the period of notice commences from the date of the letter of the resignation or at least from the date of receipt of such letter by the employer but not from the date of acceptance of resignation.
It is to be understood that the right to resign from service corresponds to the right to terminate the services of an employee with two months notice by the employer. Now the question is if the employer does not accept the resignation, whether the employee should continue to work with the company even after expiry of the notice period or shall he be demeed to be relieved automatically on the expiry of the notice period.
when the two rights are corresponding, conversely, is the employer bound to continue an employee who refuses to levae the company on the expiry of a two months notice of termination served on him by the employer. Any such restrictive practices on the part of the employee will be violative of the Indian Contract Act and Art.19 of the Constitution.
B.Saikumar
HR & Labour law consultant
Chipinbiz Consultancy Pvt.Ltd.
Mumbai.
From India, Mumbai
Dear Friend,
Write an email to your Reporting Manager & HR Head, that u have served for 4 years in the company & earned a good name.U served Notice period according to Appointment Letter also. Being an employee, u have the rights to know, why management is not willing to relieve from the company & not accepting the Resignation. Is possible, keep the msgs sent by Ur RM, hope will help in further.
Regards
Rubi Pattnaik
From India, Delhi
Write an email to your Reporting Manager & HR Head, that u have served for 4 years in the company & earned a good name.U served Notice period according to Appointment Letter also. Being an employee, u have the rights to know, why management is not willing to relieve from the company & not accepting the Resignation. Is possible, keep the msgs sent by Ur RM, hope will help in further.
Regards
Rubi Pattnaik
From India, Delhi
You will need to speak to the hr in your new company and take their advice.
Tell them of what your hr / manager is saying (which amounts to harassment).
Check with them if they are willing to accept you without relieving letter at the end of your notice period.
From India, Mumbai
Tell them of what your hr / manager is saying (which amounts to harassment).
Check with them if they are willing to accept you without relieving letter at the end of your notice period.
From India, Mumbai
IT establishments are running as proprietorship companies. The HR ppl are crazy in this sector. Pon
From India, Lucknow
From India, Lucknow
Dear Friends,
I am facing an issue with regards to my resignation and my relieving letter. I have served one consultancy for 7months, and it was my first job. I have just got an offer in another co and has asked me to join immediately hence i cannot serve one month's notice period at my last org. I had worked for 15days prior to getting my offer and My manager wants me to pay him back salary of 15days after I got the offer i.e for the time as i m not serving the notice period. He is not accepting my resignation as well nor giving me relieving letter.
Can anyone help me on this please.
Thanks,
Umika Wagh
From India, Mumbai
I am facing an issue with regards to my resignation and my relieving letter. I have served one consultancy for 7months, and it was my first job. I have just got an offer in another co and has asked me to join immediately hence i cannot serve one month's notice period at my last org. I had worked for 15days prior to getting my offer and My manager wants me to pay him back salary of 15days after I got the offer i.e for the time as i m not serving the notice period. He is not accepting my resignation as well nor giving me relieving letter.
Can anyone help me on this please.
Thanks,
Umika Wagh
From India, Mumbai
Sub-how to get relieving letter
If serving a one month notice of resigantion is one of the terms of employment in your appointment letter or comapny rules, there is no other go for you but to serve the remaining 15 days in your old company or pay them 15 days salary in lieu thereof. Aleternatively, you can plead with your new company to grant you another 15 days time so as to enable you to join them and probably, they will consider your request.
B.Saikumar
HR & Labour Law consulatant
Chipinbiz Consulatancy Pvt.Ltd
Mumbai
From India, Mumbai
If serving a one month notice of resigantion is one of the terms of employment in your appointment letter or comapny rules, there is no other go for you but to serve the remaining 15 days in your old company or pay them 15 days salary in lieu thereof. Aleternatively, you can plead with your new company to grant you another 15 days time so as to enable you to join them and probably, they will consider your request.
B.Saikumar
HR & Labour Law consulatant
Chipinbiz Consulatancy Pvt.Ltd
Mumbai
From India, Mumbai
Dear saikumar, But the point is , only for 7months exp does any future co would like to ask for relieving letter or do reference check. moreover, my current job is a contractual job.
From India, Mumbai
From India, Mumbai
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Relieving Clearance form.doc