Anonymous
Hi, My name is Sagar. I work for a private company. I have been working in this Company for the last 24 years. Due to some reasons, I resigned from the Company. As per the appointment letter, I served 3 months notice period also and requested the Management to provide me relieving letter and my full and final settlement. But, the Management after I completed the 3 months notice period expressed its concern to retain me.

Due to the ongoing pandemic situation, I too agreed and continued to work on a confirmation that I will be given a reinstatement letter. Though orally confirmed, the Management has not given me a reinstatement letter to date. Its been 25 days now since I completed my notice period and continued working. What do I do?

From India, Guntur

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Dear Sagar,

There's no mention in your post about the formal acceptance of your resignation by the Management. You also stated that even after the expiry of the notice period of three months no express orders either rejecting your resignation or relieving were issued. It implies that you are still in the service of the establishment. Therefore, no question of reinstatement arises. Better, you write a letter withdrawing your resignation submitted earlier; that would be suffice.

From India, Salem
Anonymous
Dear Sir,

Thank you so much for the inputs.

My resignation was accepted by the Management by way of return mail the same day I sent the resignation. It is only after I completed my notice period that the Management expressed its concern to retain me. I then requested for a reinstatement letter. The Management also sent me a mail saying that I have to withdraw my resignation for them to issue me a reinstatement letter. I did sent the Management a mail saying “I am withdrawing my resignation based on the confirmation by the Management that I will be given reinstatement letter with my current salary intact”. So, I attached a condition to my withdrawal. Since the Management has not given me the reinstatement letter till date, where do I stand?

From India, Guntur
KK!HR
1097

You had resigned and on the assurance of the management you have withdrawn it too. You are continuing in service beyond the notice period, there is no formal communication from the management need not unduly worry you, as in the first instance management has not accepted your resignation, secondly by continuing you in service beyond the notice period impliedly they are agreeing to keep status quo. Maybe sooner or later you may get some official communication. Hopefully, by now you would have got salary and it is indicative of continuity.
From India, Mumbai
Anonymous
Dear Sir,

My resignation was accepted by the Management at the first instance. The Management waited till I completed my notice period of 3 months and then expressed concern of retaining me.
Though my withdrawal of resignation was on the insistence of the Management, I had attached a condition to the withdrawal that I have to get the letter of reinstatement with my current salary undisturbed from the Management.
My concern is tomorrow if the Company misbehaves like,
a) If I never get the reinstatement letter at all from them and if they cut down my salary (I am yet to get salary as 7th is the date); what do I do?
b) If my salary is cut, I will not work in this company anymore. In that case, what will happen to my final settlement (gratuity) amount? What will happen to my already served notice period? Will I get my relieving letter?

From India, Guntur
KK!HR
1097

What is the feedback you are getting? Have they assigned you duties that will continue beyond the notice period?
Anyhow, you wait for the pay day. If everything is good then it is satisfying. But if you are dissatisfied you can send another communication asking to be relieved immediately.
As regards your queries, the answers are as follows
You are entitled to gratuity as per eligibility. (Min. 5 years service)
You have already served the notice period and in the absence of any communication accepting the withdrawal of resignation you have continued in service but now would like to be relieved.
As such you are entitled to relieving order and experience certificate. It depends on the organisaional ethos whether they issue them promptly or not.

From India, Mumbai
Dear Sagar,

The reinstatement is happening if at all one joins after resignation or termination whatever the reason may be. As per your posting it gives an impression that your resignation turned down and have given continuity. The reinstatement or re-appointment letter is required where services of an employee ends and issued with relieving letter.

You can know it by yourself, whether your attendance record is done in new Employee ID or the Old one, still you need to discuss with your HR to get it confirmed, wait till the salary payment.

From India, Mumbai
Anonymous
Thank you all for the inputs provided.
From India, Guntur

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