Hi All,

I have resigned from my company to due career growth, organizational issues and also personal and health issues. Firstly, even after 2 years they did not confirm my employment (this is also reason for my resignation). Hence, my notice period is only 15 days, which is mentioned in my offer letter as well. Now 11 days has past and they still did not accept my resignation. I have neither signed for any bond nor did I signed for any critical ongoing or upcoming project. They are forcing me to revoke my resignation, which I don't wish to do so. They are telling that they can relive me only after I or the HR team provides an replacement for my role and I give the KT/Training to that person. I am stuck here. I have health issues and personal issues which I need to take care of.

Can anyone tell me, is this legal? Should I go and complaint with Labor Law commissioner? If yes what is the procedure.

Please help me what should I do next.

From India, Chennai
Labour Law & Hr Consultant
Hr Consultant
Management Consultancy


You may give a reminder asking to be relieved at the end of the notice period of 15 days as is applicable in your case and to make your full and final settlement. You can mention the personal health issue. Getting your replacement is not in your hands and you are waiting to impart the KT/training to the next incumbent which is unnecessarily getting delayed for no fault of yours, it may be indicated. Finally you can warn them that in case the this gets delayed beyond the notice period, you will be compelled to adopt legal recourse to secure your rights
From India, Mumbai

Dear Rajiv,
Though your present employer's stand is both illegal and unethical and you can fight it successfully, it is very important that what you are going to do after your resignation.
If you are switching jobs, whether you have got any offer on hand with a specified joining date? In such a situation, the prospective employer would certainly insist on formal relieving orders from the present employer failing which yours will become a dual employment case. Therefore, if you decide to leave the present job on the expiry of the notice period on your own, you have to inform the fact to your present employer under copy to the prospective employer.

From India, Salem

Dear Rajiv
First of all company can not held you just because they are unable to find your replacement.
Secondly, as you said you are not confirmed by the company from past two year then you have solid ground for changing.
You have to explain the clear situation to your prospective employer for avoiding the dual employment case.
Take your prospective employer in full confidence & it will be better of you put everything in writing on mail with your prospective employer.
For further clarity, please feel free to reach us @

From India, New Delhi

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