Psdhingra
Legal Analyst, Hrm
Santhakumar.kn
Sales Executive
+2 Others

Hi,
Attention: lengthy text, patience needed :) .

Due to some personal reasons i (deputed at client location- contractual employee) wish to resign from my company(govt institution), so i sent the resignation notice via email on 03 January 2016 to My FLA (First Level Authority) cc to HR Head & SLA. After going through the clause in my appointment letter i resent the notice via speed post on 09 January 2016 (though i will resend via registered post AD !!).
Now the FLA is not replying back to the email, i kept on sending the reminders on every second day but till date (23 jan 2016)i got no reply, i contacted him via telephone.
For initial 10 days he simply stated that he will not relieve me & i have to work for at-least 1 more year, an he does not care about the emails. He even suggested me to try sending the mail to Director of the company. He also stated that on background check verification he will give a negative review + he will not allow issuing of resignation/experience letter.

The similar thing they did to my colleague, and my colleague got scared took back his resignation (so he started a trend!!).

I contacted my SLA via phone , SLA instructed me to discuss with FLA and, HR Head says(on phone) that i need to convince both of them to get proper relieving letter & experience certificate.
Some important clauses in my contract:

1. If you accept this offer , you will not apply for study, scholarship or job elsewhere without the written consent from <company name>.
2. <Company Name> reserves right to close contract and terminate your services by giving 30 days' notice or 30 days' salary in leiu thereof without assigning any reason.
3. If you wish to resign , youll be required to give 30 days' prior notice in writing. In case of shortfall in writing period, the Centre at its discretion may permit you to make up for shortfall by paying amount equal to salary in leiu of shortfall.
<no special clause for client location>

I guess i am breaching the first clause as i have given interview to a company & also gave entrance exam for study (till now not informed to FLA) while i am employed in my present company, but i think it is a normal.

I am presently at a client location but handling work at both client & head quarters, and if i leave then obviously my well settled FLA has to personally come for my replacement at client side with his family+kids as there is already less employee count . Also due to financial constraints cannot hire my substitute in near future. Hence the "convincing the FLA" part is now out of question.

Resigning Formality is very lengthy (takes 2 days: signing clearance from stores, return laptop, finance , HR deptt. etc. ) but formality is initiated after FLA signs, also since it is an IT company , TOT is a vital part, and since there is no reply from management so i cannot give TOT to anyone.

So i guess i will go back to the company headquarter on 31 jan 2016 to have a face 2 face discussion(client side work may suffer) with management. If they refuse to provide proper relieving then i will inform director of company(forward entire mail trail) & stop attending office from 02 feb 2016. Wait for 1/2 month & contacting HR then afterwards file a case in labour court for relieving letter.

It seems like i am a bonded labour or may be my employee wants to hold the ground till the last moment ;)
core question is Can i resign if i wish to resign?
Is my course of action valid in court of law?

Any suggestion will be highly appreciated.
Eagerly awaiting your replies.

From India, Delhi
Wrong approach! You seemed to have addressed your resignation to the FLA, who may not be competent to accept your resignation.
Address your resignation notice to the appointing authority, write the words "THROUGH PROPER CANNEL" below the address of your appointing auhority on the resignation notice, endorse a copy direct to your appointing authority, and send to your FLA.for onward forwarding your notice. If he withholds your resignation notice, he can be held responsible for not discharging his duty in sending your notice to your appointing authority.

From India, Delhi
@psdhingra , Thank you very much for a quick reply. I had sent the signed copy of following letter to my FLA,SLA & HR Head.
Date: 09-01-2016
Dr. ABC DEF , The Executive Director,<Organization>
Mr. JHI JKL, HOD , <Deptt.>, <Organization>
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as <Designation> at <Organization>. I have
taken this decision after through deliberation and assessment and I believe it is in my best
interest to move on. I am grateful to <Organization> for providing me an excellent opportunity during
my tenure since 20XX.
I am proud to have been part of <Organization> family and I will cherish the memories I had along the
Kindly relieve me from my duties by 2nd February 2016.
Yours’ sincerely,
XYZ PQR
Emp ID:XXXXXX

From India, Delhi
@psdhingra , Thank you very much for a quick reply. Please ignore my previous reply, I had sent the signed copy of following letter to my FLA,SLA & HR Head.
Date: 09-01-2016
Dr. ABC DEF , The Executive Director, "Organization,City"
Mr. JHI JKL, HOD , "Department Name" , "Organization,City"
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as "Designation" at "Organization,City". I have
taken this decision after through deliberation and assessment and I believe it is in my best
interest to move on. I am grateful to for providing me an excellent opportunity during
my tenure since 20XX.
I am proud to have been part of "Organization" family and I will cherish the memories I had along the
Kindly relieve me from my duties by 2nd February 2016.
Yours’ sincerely,
XYZ PQR
Emp ID:XXXXXX

From India, Delhi
can a employee resign from his job without working notice period , if it mensioned in offer letter as 15days notice period at the time of probation? does the employer can charge any fine on the employee if he resigned in this situation?
From India, undefined
You have quoted 3 conditions of the appointment letter.
The first condition suffers from the absence of consideration. It is not valid one. As rightly stated by you, you are not a bonded labour of the company, which is made out to be in this appointment letter clause.
Second condition is normal. Same with the third condition. It is the discretion of the company if to accept payment in lieu of service or make you work (attend office) for 30 days.
The only problem here is they have threatened you with negative feedback in case of referral by your new employer. If you can handle that part you may as well leave after serving your notice period.

From India, Pune
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