Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy

Hi, My name is Rajat. I have been working with one company in Bangalore. I have given the resignation on 15th Dec and asked you to relieve me within 15 days with all the formalities done. I have been talking to my manager since the day I have submitted my resignation but keep on delaying and not accepting. I have not signed any contract mentioning that a particular notice period I have to serve nor they never mentioned in the offer letter they gave. Now when I want to relieve, the company is asking to serve a random notice period. Please provide me assistance if I leave the company on the said date I mentioned in my resignation without their acceptance.
From India, Bengaluru
The Notice Period (NP) clause may be missing in your appointment order but the general provision that "You will be governed by the rules and regulations of the company" will necessitate your serving out the NP.
If you leave the service without completing the F&F settlement process, you are running the risk of its consequence. The management may not accept resignation but may instead terminate you from services. In such cases, in the event of any BGV later, the report from this employer may not be helpful to you. In case you are covered under the PF Act 1952, when you try to join any new establishment and PF thereof, the fact of your previous employment will come to light.

From India, Mumbai
Hi KK, thanks for your reply.
I will be ready to accept the notice period as per their company policy but how would i be knowing that the company policy they will share with me is valid or not? Does the company policy has to be registered somewhere legally or if not then that means company can do whatever they want but employees cannot. And i believe company policies has to be shared with the employee either through agreement or mail at the time of joining. What is use of that company policy which if they shares after my resignation?

From India, Bengaluru
Dear Rajat,

Mr.KK!HR did not use the term "company policy" in his reply but only pointed out to the rules and regulations of the company as would be in force from time to time. But like you said that they cannot be kept secret and it is mandatory that the employee should be kept informed always when new rules are added. Strictly speaking, the conditions pertaining to exit on unilateral termination of the contract of employment should find place in the appointment letter itself failing which it can be presumed that no such condition in force. But you should remember the indisputable fact that the employer is a dominant party in the contract of employment and he can delay the acceptance of your resignation on the ground of exigencies of work and the exit on your own without the formal acceptance of your resignation may end up in the presumption of abscondence that can be negatively reflected in the BGV as suggested by the learned respondent earlier. Therefore in the interest of your future career, you should try to make your exit very formal, smooth and peaceful.

From India, Salem
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