Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Sogemar
Ir Manager
+1 Other

Thread Started by #AnonymousK

I have resigned in my current company 3 Month back, but still they have not accepted my resignation.I have asked to manager for withdrawl but he has not taken any action against or did not send any email regarding that.I am not able to understand should I stay or leave.So i decided to search a new job.My Notice period is 3 Month which is completed.
Now i have joined other company what could be the effects as they have not accepted my resignation as yet. 1 thing could be that they wont give me reliving letter or exp letter if i leave & show me as terminated.
What should I do? Kindly guide.
22nd November 2016 From India, undefined
If the employer has failed to respond within a reasonable time either to accept or reject your resignation letter, it appears that he has accepted it. You may file your complaint with the Dy Commissioner of Labour (of your Jurisdiction) stating your circumstances for resignation and file a claim of statement related to your terminal dues and request for relieving letter.
22nd November 2016 From India, Mumbai
You need to explain this matter to your new employer.
I hope you ah e proof of submission of resignation to the company. If you have the proof, give that to the employer, along with your appointment letter which shows the notice period and your salary slip to show you worked throughout the period and perhaps more.
Most rational HR teams will accept that as proof
29th November 2016 From India, Mumbai
The doctrine of employment at will is not legally recognized in India. On the contrary, the various aspects of employment from appointment to termination are strictly governed by the terms of the contract of employment which again can be explicit or implied. Particularly, when there are specific conditions regarding termination of the contract of employment, both the employer and the employee are bound by them. There is no scope for exercise of any individual discretion permissible to either of the parties to the contract other than the options specifically mentioned therein regarding the preconditions for exit. Therefore, when an employee submits his resignation with prior notice and serves the entire notice period as per the contract, the employer has no discretion to reject it or to be simply silent unless some grave charges of misconduct stand pending against him. Even if the incumbent happens to be a stellar employee unless he withdraws his earlier resignation before the expiry of the notice period, the employer is bound to formally relieve him. Otherwise, the employee can simply walk away and institute legal action for formal relieving orders.

However, the post mentions a specific incident of the employee withdrawing his resignation in the meanwhile. If it is a formal withdrawal in writing, my personal view is that there ends the matter of his resignation and he need not expect any confirmation or acceptance of his withdrawal of the same from the employer. I feel that before the expiry of the notice period he ought to have withdrawn the letter of withdrawal of his earler resignation or submitted a fresh resignation with due notice.
1st December 2016 From India, Salem
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