Kindly confirm if this could be any aggrement on whose basis my company can forbid accepting my resign. I have resigned but company not accepting my resignation. Kindly help how should I proceed.
From India, New Delhi
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1From India, New Delhi
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To me, such a condition seems to be vague as well as unilateral. The offer already would contain, inter alia, the clause for unilateral termination of the contract by either side. As such, accepting the offer in its entirety cannot create another condition pertaining to the same clause of termination outside it.
From India, Salem
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From India, Salem
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Sir, In this senario what steps should I take to get my resignation accepted.
From India, New Delhi
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From India, New Delhi
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Considerations Before Challenging Resignation Non-Acceptance
The fact of the matter is that you knew well, soon after or while accepting the offer, that you have to serve the company for a minimum period of 18 months. Therefore, before taking any recourse against the non-acceptance of your resignation by the company now, I would suggest, in the interest of your future career, that you find appropriate answers to the following pertinent questions:
(1) Despite understanding the condition couched in plain language, why did you join?
(2) Perhaps if it was out of dire necessity for a job, how long have you been there now, and have you been confirmed?
(3) If it has been a substantial period like 9 months or one year, have you not developed a good interpersonal relationship with your superiors in the organization?
(4) Have you received an offer for a better job?
(5) If 'yes', have you formally informed your present employer?
(6) If the reason is other than alternative employment elsewhere, why can't you wait until the expiry of the 18 months of service as you had already agreed?
(7) Regardless of the reason for leaving on your own, have you attempted to approach the CEO and convince him of the necessity for some relaxation?
(8) If the company maintains its position, do you have the resources, time, and patience to pursue legal action?
From India, Salem
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The fact of the matter is that you knew well, soon after or while accepting the offer, that you have to serve the company for a minimum period of 18 months. Therefore, before taking any recourse against the non-acceptance of your resignation by the company now, I would suggest, in the interest of your future career, that you find appropriate answers to the following pertinent questions:
(1) Despite understanding the condition couched in plain language, why did you join?
(2) Perhaps if it was out of dire necessity for a job, how long have you been there now, and have you been confirmed?
(3) If it has been a substantial period like 9 months or one year, have you not developed a good interpersonal relationship with your superiors in the organization?
(4) Have you received an offer for a better job?
(5) If 'yes', have you formally informed your present employer?
(6) If the reason is other than alternative employment elsewhere, why can't you wait until the expiry of the 18 months of service as you had already agreed?
(7) Regardless of the reason for leaving on your own, have you attempted to approach the CEO and convince him of the necessity for some relaxation?
(8) If the company maintains its position, do you have the resources, time, and patience to pursue legal action?
From India, Salem
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Sir, if I abscond from this company and start working in any other company, could they do anything against me. I have not signed any bond papers. Also, there is no clause mentioned in my resignation part of the joining letter.
From India, New Delhi
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From India, New Delhi
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Understanding Employment Conditions
Despite understanding the condition couched in plain language, why did you join?
Sir, I asked the HR the same question, and she said it is just a commitment we ask from our employees, and there will be no issues when leaving. However, she is now contradicting her words and saying you have to serve for 6 more months before we can release you.
Current Employment Status
Perhaps if it were out of dire necessity for a job, how long have you been there now and have you been confirmed?
Sir, it's my 4th month with the company, and I have not received any email regarding confirmation.
Interpersonal Relationships in the Company
If it is a substantially longer period, like 9 months or a year, have you not developed good interpersonal relationships with your superiors in the organization?
Sir, it's a small company driven by one man, the director, and no other person has any power.
New Job Offer
Have you received an offer for a better job?
Yes, I have.
If yes, have you formally informed your current employer?
No, as they have told me that they don't want me to work in another company after I leave this company. That's why they are giving the release after 6 months so that I couldn't join anywhere else.
Reasons for Leaving
If the reason is other than alternative employment elsewhere, why can't you wait until the completion of 18 months as you had already agreed?
Because once the 18 months are complete, they will trap me in a 1-year bond at the time of appraisal.
Approaching the CEO
Whatever the reason for leaving on your own, have you ever tried approaching the CEO to convince him of the necessity for some relaxation?
I have tried everything, even begged.
Legal Considerations
If the company sticks to its stand, do you have the wherewithal, time, and patience to fight it out legally?
It depends on the stand they take as I have not signed any bond papers, and now I don't even want a relieving letter from them.
I really appreciate your efforts in helping me.
From India, New Delhi
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Despite understanding the condition couched in plain language, why did you join?
Sir, I asked the HR the same question, and she said it is just a commitment we ask from our employees, and there will be no issues when leaving. However, she is now contradicting her words and saying you have to serve for 6 more months before we can release you.
Current Employment Status
Perhaps if it were out of dire necessity for a job, how long have you been there now and have you been confirmed?
Sir, it's my 4th month with the company, and I have not received any email regarding confirmation.
Interpersonal Relationships in the Company
If it is a substantially longer period, like 9 months or a year, have you not developed good interpersonal relationships with your superiors in the organization?
Sir, it's a small company driven by one man, the director, and no other person has any power.
New Job Offer
Have you received an offer for a better job?
Yes, I have.
If yes, have you formally informed your current employer?
No, as they have told me that they don't want me to work in another company after I leave this company. That's why they are giving the release after 6 months so that I couldn't join anywhere else.
Reasons for Leaving
If the reason is other than alternative employment elsewhere, why can't you wait until the completion of 18 months as you had already agreed?
Because once the 18 months are complete, they will trap me in a 1-year bond at the time of appraisal.
Approaching the CEO
Whatever the reason for leaving on your own, have you ever tried approaching the CEO to convince him of the necessity for some relaxation?
I have tried everything, even begged.
Legal Considerations
If the company sticks to its stand, do you have the wherewithal, time, and patience to fight it out legally?
It depends on the stand they take as I have not signed any bond papers, and now I don't even want a relieving letter from them.
I really appreciate your efforts in helping me.
From India, New Delhi
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Validity of Employment Bonds and Resignation Refusal
In the absence of any employment bond duly signed by the employee or any specific bilateral agreement to serve for 18 months, or any alternative condition in case of failure on the part of the employee, in my personal opinion, such a clause becomes null and void ab initio and hence unenforceable in a Court of Law.
Of course, the employer, as a superior party to the contract of employment, may refuse to accept the resignation submitted at any time during the 18-month period. If the employee leaves on his own without formal acceptance of his resignation, the employer may declare him to be an absconder and initiate disciplinary action against him on the charge of unauthorized absence resulting in consequential abandonment of the job. Even if the employer prefers a legal remedy, no Court would grant any decree in his favor due to the absence of an alternative remedy against breach in the alleged contract. If the employee agitates against such a patent dismissal in a Court of Law, the Court would certainly set aside the orders of dismissal, and the stigma on the employability gets automatically removed.
I think that good sense would eventually prevail upon the employer, and he would realize that he can do nothing legally other than making some threats. Therefore, the poster can simply walk out after submitting a detailed explanation for his decision. As a preemptive measure, he should appraise the prospective employer of this development and ensure his appointment.
From India, Salem
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In the absence of any employment bond duly signed by the employee or any specific bilateral agreement to serve for 18 months, or any alternative condition in case of failure on the part of the employee, in my personal opinion, such a clause becomes null and void ab initio and hence unenforceable in a Court of Law.
Of course, the employer, as a superior party to the contract of employment, may refuse to accept the resignation submitted at any time during the 18-month period. If the employee leaves on his own without formal acceptance of his resignation, the employer may declare him to be an absconder and initiate disciplinary action against him on the charge of unauthorized absence resulting in consequential abandonment of the job. Even if the employer prefers a legal remedy, no Court would grant any decree in his favor due to the absence of an alternative remedy against breach in the alleged contract. If the employee agitates against such a patent dismissal in a Court of Law, the Court would certainly set aside the orders of dismissal, and the stigma on the employability gets automatically removed.
I think that good sense would eventually prevail upon the employer, and he would realize that he can do nothing legally other than making some threats. Therefore, the poster can simply walk out after submitting a detailed explanation for his decision. As a preemptive measure, he should appraise the prospective employer of this development and ensure his appointment.
From India, Salem
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Legal Clarification on Negative Covenants in Employment Agreements.pdf