Can A Resignation Be Rejected By The Hr Without Showing A Reason - CiteHR
Jeevarathnam
Sr. Manager Hr/admin
Mahr
Head - Human Resources
Nathrao
Insolvency N Gst Professional
Legal-siddharthindustries
Admin & Legal Officer
Anitha_mgt
Asst Professor
+2 Others

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hi seniors,
i want your suggestions on the following issue..
one of my friend is working in a reputed MNC from past 1.7 years and out this one year was her bond period. now after serving for seven more months after completing the bond period , when she wants to give her resignation because of her family problems, the concerned HR is not ready to accept the same, even though my friend is ready to serve the notice period of one month as per the offer letter. More over they are threatening her saying that if she goes absconding they would black list her name in the MNC association and if she don't want it to happen she has to pay Rs.1,00,000/- which was no where mentioned in the offer letter.
my question is does an employer has a right to deny the decision of resignation of any employee, when they are ready to serve their notice period.
request all the seniors to respond on the issue as my friend is undergoing lot of stress because of these issues.
thanks and regards
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Hi.
If at all any employee wants to quit then they free to quit by serving the notice period. No employer can hold the resignation letter with no reason. If at all they are not allowing to relieve then ask your friend to get the reason for not relieving.
Submit a formal resignation in writing giving one month notice(or as stipulated in offer letter) and move on in life.Employer cannot legally refuse your resignation submitted properly.
Their threats to blacklist etc are illegal and should be ignored.
Hi Anitha,
A resignation cannot be rejected by an employer. Also an employer cannot blacklist an employee. Before we conclude on the steps, ask your friend the exact reason for quitting the job. Does she has really has issues, personally or she got another offer. If she has another offer, then fighting with that employer is not wise, as has to produce the employment documents to the new organization.
If she taking a break from work, then she can approach a lawyer and take this legally. If she seeks help from a law office or taking this legally, then the employer will not lag the issue rather solve it amicably, as they are well aware on whose side the mistake is.
Dear Anitha,

Your friend has already completed BOND PERIOD as per your statement. You have mentioned about offer letter have she received any fresh appointment letter after acceptance of offer letter? Have she deposited original testimonials of her while submitting bond? Is she having copy of Bond? Have she imparted any type of training by Company during bond period? Whether Bond has been executed on Stamp Paper?

First you should have answer for all narrated questions. The employee, by signing a contract of employment, does not sign a bond of slavery and, therefore, the employee always has the right to resign the employment even if he has agreed to serve the employer for specific time period. The employer is eligible for compensation to extend of expenses incurred by him and not to the value of Bond. In valid employment bond, the parties have to ensure that the following requisites have been complied: (i) the agreement has to be signed by the parties with free consent; (ii) the conditions stipulated must be reasonable; and (iii) the conditions imposed on the employee must be proved to be necessary to safeguard the interests of the employer. Further, the employment bond stipulating conditions such as to serve the employer compulsorily for a specific time period or penalty for incurring the expenses is in the nature of the indemnity bond and, therefore, such kind of employment bond has to be executed on a stamp paper of appropriate value in order to be valid and enforceable. There are remedies available in law but one should have that much mental as well as financial strength to avail/grab the fruits of provisions of law.

A Prakash
Also check carefully, in both the documents (bond and offer / appointment letter) when does the bond period commence.
Is there a condition that the bond period commences after the training and probation is over which could be after 12 months in your case? If that is the case you have only completed 7 months of bond...
A S Bhat
Hi Anitha,
HR has a right to reject the resignation, but with proper reason.So tell your friend to speak with HR and ask for the proper reason for rejection. As you mentioned if they are threatening its better to stay there till she get relieved,because in future if she joins some other company at the time of background verification, she may get some trouble from current company.
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