Dear All, If any employee places his resignation due to growth prospects. Does the existing current company have the right to reject the same? If yes on what grounds it is admissible? If he is not getting relieved due to internal politics and explanation from the HR department is that its company call? Then who is Liable for the same - Immediate Supervisor / Immediate HR / Or Company?
From India, Lucknow
Labour Law & Hr Consultant
Shomil Jain
Officer Private Company Insurance Sector

Dear Shomil,

Employment cannot be a life-time contract nor an employer has any privilege or prerogative to compel an unwilling employee to continue in his service. Therefore, no employer can simply reject the resignation of the employee provided when the employee fulfills the exit clause of the contract of employment or in the absence of any pending disciplinary proceedings against him. Some times, the employer can delay his relieving due to genuine exigencies of work like time-bound completion of any contract work in which the employee's services are indispensable or unsubstitutable.

Reasons like internal politics, policy of the company are highly far-fetched and hence unacceptable and illegal as well. Every employment contract is only with the Company and not with its officers. Therefore, as a jurisdic person, only the Company is liable to redress such employee grievance in case of any breach of the contract.

From India, Salem
Dear Shomil,
Your current query is related to the grounds/ reasons on which tendered resignation can be accepted and if rejected , consequence thereof.
For first part of your query, please note that the resignation tendered on account of personal exigencies may be generally accepted, if same is requested by placing required advance notice with prescribed time( at least one month if no time frame was conveyed as the term to this effect) or payment of equivalent salary in lieu.
But if the terms of employment / contract provides for that resignation acceptance would be subject exigencies of work / company requirement, then such resignation may not be accepted till alternate arrangements are made.
But in all case owing principle of natural justice , the resignation request has to be acted upon.
Lastly, HR is the face of company management so that is the duty of HR to deal it samrtly.

From India, Lucknow

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