I am currently working in a PSU government organization. I submitted my resignation letter in March and began serving a 3-month notice period. After 20 days, I left the company and later applied for a one-month leave for personal reasons. However, I returned after 5 months to complete the remaining notice period. Now, HR is stating that my relieving date has passed, and I need to file a fresh resignation and serve another 3 months. Is the first resignation relapse a thing? How should I proceed?
From India, Pune
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From India, Pune
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Resignation Finality and Notice Period
Once a resignation is submitted, unless it is rejected, it is considered final and binding. The resignation cannot lapse by itself. Since you have not withdrawn your resignation and have not shown any intention to continue in service, your resignation is final and enforced. Indeed, with the notice period being over, you need not serve the remaining notice period, and you are deemed to have been relieved at the end of the third month. After five months of your resignation, there cannot be a fresh resignation, and you should insist on being issued a relieving order and receiving a full and final settlement.
From India, Mumbai
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1593Once a resignation is submitted, unless it is rejected, it is considered final and binding. The resignation cannot lapse by itself. Since you have not withdrawn your resignation and have not shown any intention to continue in service, your resignation is final and enforced. Indeed, with the notice period being over, you need not serve the remaining notice period, and you are deemed to have been relieved at the end of the third month. After five months of your resignation, there cannot be a fresh resignation, and you should insist on being issued a relieving order and receiving a full and final settlement.
From India, Mumbai
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Once a resignation is submitted, it cannot be replaced or withdrawn unless the resignee decides to withdraw it. In your case, if your leaves during the notice period were approved, then you are only entitled to a full and final settlement with an adjustment for the notice period not served. There is no law that can compel you to serve your notice period again.
Kind regards,
[Your Name]
From India, Noida
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Kind regards,
[Your Name]
From India, Noida
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