Employer Not Accepting Resignation - Legal Notice

saswatabanerjee
We need to talk of the legal and not moral aspect here

In any case, there is nothing immoral about wanting to leave a job. No one is bound to serve another. The days of honour and feudal system of living to serve your master has gone 200 years ago.

Tell me, will the employer take moral responsibility and keep the employee on payroll after the project is over ? Why should the employee be bound to work till the employer needs him instead of going to a place that serves his own interests better ?

No, the employee needs to give notice and there is no obligation moral or legal to make him work a day beyond that. The employer has not done a favour by giving the person a job.

In the above case, the employee has specifically said he has given notice.

Please tell me, why not ?

Will the same employer be willing to continue paying salary when he does not need the employee any more ? Personably at a time when the employee himself can't find himself a job in the market ?

No way !

The concept of bonded labour is over years go

Specifically banned by law.

Specially where the employee leaves after giving required notice pay

NK SUNDARAM
Let us look at this, for a moment, from the employer's perspective. There is a project going on. The person who has submitted his resignation half way through the project, is an important part of the project. In case the person is relieved of his duties, the impact will be such that, the management or the project leader has to find a replacement and that person has to be briefed and the responsibility passed on to the new person. How much lead time will be required for completing this process !

These days youngsters join a company in the morning, during day time they find that the job is not exciting, interesting. and they decide to quit the job by the evening !

The youngster should get behind the eye balls of the organisation and see for himself / herself, how it would be, in the event he or she is the CEO of the company or the Project in charge. The company is answerable to the client and the delay that may be caused due to the sudden departure of one of the project employees.

So, the problem should be viewed from all perspectives. May be the HR person in the company may not be well versed in the rules and regulations but the appointment letter should be read thoroughly and understood. All of us here are like the five blind persons groping around an elephant trying to figure it out !

Best wishes
kprasoon
I agree that if an employee resigns half way through the project, the project may get delayed but in such cases both parties should solve the issue amicably. Threatening with legal notice to the employee is nothing but unfair labor practice and amounts to mental torture, rather employee can take legal action the employer in such cases.
regards,
Kamal
Debabrata Sarkar
The same thing happened to me. I have submitted my resignation to my boss & superior boss including our corporate HR too, but they are advising me to discuss with my reporting manager, I don''t want to continue my job in this company. My manager threatened me that he will not clear my ND Certificate & final settlement. Please advise
MehtabAlam
Dear Team,
Hi, i have initiated my resignation process. and would like to tell you it a 90 days period, but i want to release within 30 days from my current company, but they are not relieving me in this period, even they are not agree to negotiate the notice period not even in byout facility. please tell me what to do in this case? i have only me resignation initiated mail. they are not giving me any refusal mail and not accepting my notice period within 30 days.
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