Umakanthan53
Labour Law & Hr Consultant
Harpreetwalia
Senior Manager/freelance Consultant
+1 Other

#Anonymous

Dear Friends,
I am a working professional. Need your help on following. I joined my current Co. on 16th October, 2017. After joining the Co., I found out that the Co. is not as good as it was expected especially salary never comes on time. As salary for October itself is due and the appointment letter does not mention any clause on salary credit date. Further, luckily I got job offer from a very good Co. But they want to have at least Resignation Acceptance lfrom my current Co. My Co. Managing partner is dilly dally in accepting my resignation in mail though he agreed over phone. Kindly suggest me what is the legality of resignation acceptance letter? Further, as I came to know and saw many new employees left the Co. without even giving proper notice, just informing over phone. The Co. is a short of startup and hence everything is controlled by one person that is managing partner. I have given proper notice I. E. Informing verbally and then resigning in mail. I have requested them for early release that is less than one month notice period. I am alsoready to pay notice amount but doubt they will give acknowledgment of the amount being credited and relieving letter. My new Co is ready to buy the notice period also. Please guide me as I have resigned from current Co but unable to join new Co as the resignation acceptance is not there in writing. Please suggest what measures I have before me.
8th November 2017 From India, Delhi
Legally, resignation requires acceptance by the employer. It is the discretion of the employer to accept the resignation formally submitted or reject it on the basis of non-compliance of notice conditions, if any or exigencies of work. But, it does not mean that the employer can compulsorily retain the employee for ever against his willingness. In spite of your formal express undertaking to pay the notice salary before your relief on a particular date mentioned in the resignation, if the management abruptly fails to make any response, you can presume that the resignation was accepted, pay the notice amount, if any, and walk out on the date mentioned in your resignation letter. Better keep your prospective employer informed at every stage of the process.
9th November 2017 From India, Salem
Hi,
Along with following what Mr. Umakanthan. M has explained, ensure you pay your notice pay calculated on your Basic+ DA component and pay the amount through cheque only. Retain a copy of all the documentation so that you can have a proof of resignation. Also if he formally do not give a receipt or acknowledge your resignation than send a hard copy through registered post and keep the acknowledgement with you for future.
9th November 2017 From India, New Delhi
#Anonymous
Thanks Mr. Umakanthan and Ms. Harpreet, for your kind suggestions. My appointment letter does mention one month notice period or payment of of basic salary only. But I am not inclined to pay the shortfall notice amount as I fear they will never issue the acknowledgement of credit receipt to them. Further, the co. has not paid my salary for the month of October, 2017 and on November 17, it will be exactly one month. Hence one month salary will be due on them which is more than the notice amount. I will certainly send the resignation letter by registered post also and keep the receipt for future purpose. Have requested my prospective co. to consider my joining basis my resignation.
Thanks again and regards,
Rajeev
9th November 2017 From India, Delhi
#Anonymous
Pls. let me know if my above approach is correct or not as far as the handling the situation is concerned.
9th November 2017 From India, Delhi
See, its always better to terminate relationship with a good note. I recommend you to have a word with your employer once again and state him you condition for resignation, if possible keep a record of the conversation. If this doesn't end well then follow the second process as suggested already.
9th November 2017 From India, New Delhi
Yes I did, thankfully I got it today in form of email which prospective employer has accepted. Will persuade for a formal letter kind of document. But was wondering why there are no laws covering these things which are significant but considered as small issues. Provisions of law in form of rules and procedures on these matters will be helpful to both sides always.
Thanks again to both of you.
Regards
9th November 2017 From India, Delhi
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