Psdhingra
Legal Analyst, Hrm
Riteshmaity
Labour Law Advocate
Karanveer.singh
Sr. System Engineer

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Hi ,
I am a Sr System Engineer and Working in a IT Company in Chandigarh, I am working in this organization from last four Years. I got the opportunity in New company and resigned from my current position. However, My manager is not accepting my resignation and saying that You have resigned after client's training. As per Company Policy I have to serve 30 days notice period but there is a clause that manager have right to accept and reject notice period. I am feeling bounded now. My manager have threatened me in past that he will terminate me but unfortunately I don't have any recording of that . What should I do now.
Please suggest.
Thanks,
Karan

If there is a notice period in your appointment then you have to serve it or pay the equivalent amount in lieu thereof. You can not be hold. If there is a company policy, which gives exemption to you, then you can take the shelter of such clause.
if possible consult a lawyer with your appointment letter and get a resignation drafted by him and send it through speed/ registered post.
Check my blog at www.labourlawhub.com for more information.

Hi Ritesh,
Thanks for the suggestion. As I mentioned in my previous post - Manager is saying that he has right to accept and reject Resignation and its mentioned in separation policy as well.
I have the offer letter of another company but my current company is not ready to relieve me - in that case I think I will miss the opportunity.
I will hire the lawyer and will send the resignation then company may react badly because they have their lawyers and can hold my experience letter as well.
I gone through your blog as well but I was able to find the information regarding this, Please share the complete URL.
Thanks,

dear sir i have one query i am new hr joining in this month but thre were 60 plepol work some employee salary is 6300 and so this is under cover the pf yes ya no please give me answer
Employees earning wages upto Rs.15,000/- pm will come under the purview of provident fund. Earlier it was pm.
Check my blog at www.labourlawhub.com

Dear Karanveer,
Right of the manager cannot be imposed on him by the employee. If he has the right to accept of deny resignation that is vested with a distinct discretion upon him. Better convince him about your own concern and need for resignation to be accepted.

Hi PS Dhingra,

Thanks for the advice.

However, If I refer appointment letter then as per appointment letter "The services may be brought to an end by giving one month notice to either side or pay salary for the period in lieu of notice period". At the time of joining we only refer joining letter and we join the company on the basis of joining letter.

I don't think so if further a company comes with a policy that employee cannot leave till the age of 50 or employer can reject the resignation as many times he wants ,, bla bla . What we will do in that case.

Moreover two weeks have been passed and they have not provided me backup resource as well to whom I can train.

I am sure that they will not provide the resource even after 3 months. Even they will try to fire me because they are taking the things personally.

And whenever I discuss this with manager he used to tell me that he will try to relieve me but he is not giving anything in written.

In past, he had threatened me that he will terminate me.

Company is holding me forcefully without any deal. I have made my mind that I will leave at any cost because I am not feeling any reason to work in such a bounded environment ,It is kind of Slavery. I am not able to sleep or eat due to this. It seems like they will not relieve me even after 3 months. Problem is that they can hold my experience letter and relieving letter.

Please let me know as per the labour court laws but can I do now.

Thanks,

Mr. Karan,
That all depends upon the language of the offer cum appointment letter that you have accepted. So, post the extract of conditions of resignation in order that I and other community members may interpret appropriately and advice you suitable. My opinion ws based upon your own statement about the clause of right of the manager to accept or reject the notice, as you said, "there is a clause that manager have right to accept and reject notice period."

Dear sir you also take action on that company any you are go now in legally process then they give answert
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