Dinesh Divekar
Business Mentor, Consultant And Trainer
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Riteshmaity
Labour Law Advocate

Hi,
I have submitted resignation via email 2 weeks back and notice period is 1 month. I had a discussion with management and they are not accepting my resignation.
Its a start up company which don't have proper process and pressure is high because of these i look for better opportunity.
Now they are not accepting my resignation since i worked for 7 months in this company and they are expecting me to work for two years two avail relieving and experience letter.
Can any one suggest me on this how do i can proceed legally or any other option.
Just to note i haven't signed any bond and as per the appointment letter employee can leave the company on at-will basis.
Thanks in advance.
5th May 2016 From India, Hyderabad
Dear Surya,

There is nothing like "Forced Employment" in India. Employee can work as along as he/she wishes to. Therefore, nothing wrong if you wish to quit the employment.

Nevertheless, I request you to resolve this issue amicably. Have a tete-a-tete with the employer and tell him how important it is for you to avail of the opportunity. If lost, you may not get similar opportunity. Getting manpower for start ups is little difficult. Therefore, if possible, dangle a carrot of extending a notice period by 15 days.

However, if the employer remains intractable, then you may approach the labour office of your area and explain your problem. While visiting the office, carry with you proof of your employment like appointment letter, identity card etc. If your problem is not solved by the labour officer also then come back to this forum and explain why his intervention also failed.

Thanks,

Dinesh Divekar


5th May 2016 From India, Bangalore
You have tendered your resignation and the company is not accepting. Does that mean the company has rejected your resignation in writing/ verbally or they are simply not replying?
As already mentioned, you cannot be forced into your employment under Indian laws even if there was any bond.
If term and conditions of your appointment letter says a notice period of 30 days, then simply serve the 30 days and stop going to work thereafter and ask in writing for full and final settlement if any.
At this stage, it is too premature to advice you to visit labour commissioner.
Check my blog www.labourlawhub.com for more information.
5th May 2016 From India, Kolkata
Hi Ritesh and Dinesh, Thanks for your valuable suggestions. I will serve my notice period as per policy. If still problem persists will look for another solution. Thanks again.
5th May 2016 From India, Hyderabad
Hello Surya,

While I absolutely agree with the other members that it's your right to work where you like & to the length of time you like to, I have a different take on your issue.

You haven't mentioned your experience level.

It's a widely known fact that the life & work culture in any Startup [whether in India or overseas] is what you mentioned--(1) loosely defined processes & (2) high pressure.

And these are the VERY aspects of startups that make them so agile & productive compared to well-established Companies, irrespective of the domain/sector.--so much so that even Companies like Google, Oracle, Microsoft, etc are now tying-up [which includes investing] with Startups.

If the above reasons are TRULY the ones that made you look for other opportunities [I am not sure whether it's 'better' or not], frankly, I think you seem to have your career priorities a bit lop-sided.

Many startups have issues of timely salary payments, not getting leaves, etc--they COULD be appropriate causes to look-out, but surely not the ones you mentioned.

It's only when one faces pressure in the job that one gets the chance to learn........whether he/she actually does depends on whether he/she utilizes those chances. This is more so for those who are greenhorns in their careers.

You can check this out with any of your seniors.

And, in general, one gets to learn without any inhibition during the first few years......possibly 4-6 yrs......of one's career. later, many other factors come into play [marriage, enhancement of designation/role being some of them] that often act as obstructions to one's learning path.

And coming to the current opportunity, pl rest assured that opportunities will ALWAYS be there for those who have the necessary caliber......which comes thru experience & hard work.

Just give these points a thought before take the plunge.

All the Best.

Rgds,

TS
7th May 2016 From India, Hyderabad
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