Hello, I need to submit my resignation letter to my employer as I have been offered a job somewhere else and since November 2020, we have stopped receiving a salary at my current employment. Our college had a provision for providing leave without pay "lein" in such cases to join another college, but after a long legal battle, we lost the case. Now we want to submit a resignation, however, the management is known for delaying acceptance of the resignation until the joining date of the new job has passed. In the past, they have done that with other employees and left people jobless. I have already deferred my joining at new college due to the legal battle so cannot afford to delay it more than 3 months now.

Now the only option for me is to submit my resignation, but I am scared. I am ready to serve the notice period or pay 3 months salary, but what should I do to make sure that the college acknowledges the resignation?

From India, New Delhi
Labour Law & Hr Consultant

No employer can compel an unwilling employee to be in his services according to his own convenience. Employee can resign his job at his own will for whatever reason subject to the rules of exit which form part of the contract of employment between themselves. Of course, the employer has an inherent right to modify the offer of the operation of notice on the genuine ground of exigencies of work and postpone the relief for some more specified time but cannot sleep over the offer of resignation indefinitely. The purpose of notice in the unilateral exit clause of the contract of employment is only to enable the other party to make suitable alternative arrangement within the notice period.

If the allegations against the particular College Management as described in the post are true, they are certainly cheap and unethical methods to frustrate the exercise of the legal rights of an employee. It is not possible for others to suggest similar counter measures and the poster has to use his native intelligence with tact and suasion to the extent possible.

Therefore, first the poster should submit his resignation effective from a future date with sufficient notice as mentioned in his appointment orders under sufficient proof for its submission like sending it by registered post. It is better to make a personal representation afterwards to the Principal or Chairperson of the college to arrange for his relief as requested in the resignation letter. Before the expiry of the notice period, he should ensure that he has no dues to the college in terms of money or material assets like borrowed books from the library, laptop etc. Still, if he smells a rat, issue a legal notice to the management before actually walking out on the effective date of resignation mentioned already. If the resignation is for a new job, he should inform the prospective employer about the problems in his relief from the present job and get his concurrence in advance.

From India, Salem
The correct opinion can be rendered after perusing the relevant documents - S.K. Mittal 9319956443
From India, Faridabad

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