Saswatabanerjee
Partner - Risk Management
Nipuna
Manager Hr
DAYO EYIOWUAWI
Operations Staff Welfare
+2 Others

Dear Seniors,
I am working under a CA and posted at Noida as an outsourced consultant, From last two years i posted in this company. We have a contract with the company (between CA and NAPL) I treated like full time employee but received salary from my CA. Now the company wants me take on their payroll and I accepted it. I have given resignation to my CA, verbally he is agree and said no problem, I can join the company, but he is not accepting my resignation. the company i have joined from 7-10-13 with out of relieving from CA and acceptance of resignation letter. The GM of the company and my CA has mutually discussed this issue.
Now please advice me for any legal action on behalf of CA. Can he sue the company on court? and also please advice me for any legal action can be taken by my CA.
Regards
Astam Hazra
Hi Astam,

As I can get from the entire write-up there are 2 issues -

1. legal action from CA

2. relieving letter

For legal action, as I can understand that there was a mutual understanding between the organization and CA farm so I don't think that CA will do any legal case against you. I am here bit confused why CA is not accepting written resignation letter if he had agreed verbally and mutually discussed with NAPL.

In this situation there is nothing much to do but you can send an email of your resignation which should contain the following points -

1. date of your actual resignation

2. details of verbal discussion

3. Reference of the discussion with date between CA and NAPL

4. any other point, if discussed.

This email will help you if there is any legal done from CA.

For relieving letter, as there was a mutual understanding between CA and NAPL so they might not ask you for the relieving letter but if you want to join some other organization in future they will definitely ask for for it. At that point of time you can use this email and tell them the entire story.

Hope this will suffice your query.
Thanks a lot Nipuna,
I have already discuss with the GM and told him everything which i had discuss with my CA. But yes it is not on writing, so i am writing to the company as you advice.
Regards
Astam
You may add one more line : if no response is received from you, within seven days from today, I will presume that you have accepted my resignation, and I am relieved from my services with you, at the close of business hours on ………………
As an outsourced staff, ensure your company Service Level Agreement (SLA) allows you to join his client. Ensure you comply with your employment terms and if afterwards, your resignation is not accepted in writing, take legal action against your employer and make your resignation/joining the new company legal. Dayo
Please clarify whether you have received any appointment letter from the CA firm, and if yes what are the termination clause mentioned to guide you. Most of the CA does not provide appointment/employment agreement so in that case, the CA cannot harm you.
Astam,

This entire thing is what we call a storm in a tea cup.

It's a waste of time (yours, in thinking about it and being stressed)

1. No employer can force an employee to work when he does not want to. The law forbids it. At most, you need to serve notice period. If no appointment letter is given or nothing specified, you need to serve 1 month notice pay.

2. As long as you have resigned and have served notice period, you are free to join any company irrespective of whether the resignation has been accepted.

3. Your employer can not impose any restriction on your future employment, whether you join a client or a competitor. No agreement or bond signed to that effect has any validity.

4. As long as you have an appointment letter from the new company clearly stating they are appointing you, you need not worry.

5. Do you think the CA has nothing better to do than sue you in a court of law ? They have better things to do in life. Don't worry.

However, it's always better to have a record of the fact that you have resigned.

Best you follow the procedure nipuna suggested
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