Resignation Dilemma: What Happens If Your Company Won't Accept It? Seeking Advice!

I resigned from my current company one month ago, but they have not yet accepted my resignation. I am unsure whether I should stay or leave as my notice period, which was one month, has now been completed.

Consequences of Leaving Without Acceptance

If I leave now, what could be the consequences since they have not accepted my resignation? One possibility is that they may not provide me with a relieving letter or an experience letter if I leave and may instead show my status as terminated.

Seeking Guidance

What should I do? Kindly guide me.

Thank you.

It is a bit of an annoying situation. Since I have never experienced such a case, I can't suggest a solution. However, I recommend that you check if there is any legal provision that deems a resignation accepted in case of a delay of a certain period (like after 3 working days, for example).

Regards,
Vishwanath

Resignation Acknowledgement and Terms

First, let us know whether the resignation has been received by the authorities or not. If the resignation is sent by post, ensure you have the acknowledgment.

Have you written any terms in the resignation stating:
- If the resignation is not accepted in writing within 3 days from receipt, it will be deemed as accepted.
- You are requested to complete all handovers on or before the last working date for a smooth exit.
- Please clear all dues, etc.

If all these terms are mentioned, they are legally bound to relieve you and provide all necessary letters unless there is any written communication from them. Wish you all the best.

Have you spoken to your manager and the HR team to find out why they have not accepted the resignation? They are the best people to give you the last working day. Generally, companies accept resignations.

A company cannot force you to work when you do not want to, so not accepting a resignation makes little sense. It could be a way to pressure you to stay on, negligence on the part of your manager to send an acceptance of the resignation, or at worst, a company culture of not bothering with documentation and compliance.

Since you have resigned and completed the notice period, you can stop coming. If you have another job and a joining date, you don't even have a choice; you will need to move there.

However, don't just stop abruptly. Speak to your manager, HR, or the director and inform them that your notice period is over. Inquire about who you should give the assets/files/ID, etc., to and when you can come to collect the full and final cheque.

Keep proof of the date when you resigned and show it to the company you want to join as evidence that you resigned and completed the notice period.

Please go through your appointment letter and abide by the terms and conditions stipulated therein. I am presuming that you have an acknowledgment of your submission. If not, send it through registered post with acknowledgment due. Another option is to email your resignation to your immediate boss and to the management. According to the Digital Evidence Act 2000, this is valid even if they do not respond. Please ensure a physical handover of any charge if necessary and also email it to them.

Please ensure that there are no financial dues from you. All said and done, try to make a peaceful and cordial exit, which is good in the long run.

Good luck,

Arcot

You mentioned that you resigned a month ago, and it was not accepted. The current situation is that since your resignation was not accepted, how will they consider your last month as your notice period? Do you have a formal letter stating your resignation and indicating that you are awaiting a decision from management? Have they asked you about this situation during the past month?

Also, as Mr. Sajee mentioned, did you sign any documents related to this matter? Please provide us with the exact details so that we can offer you the best assistance.

Seeking Legal Advice for Resignation Issues

I am an Indian working for TCS in Kolkata, West Bengal, India. I have been sent to the USA for a project. Now, I have received an offer from Accenture in Mumbai, Maharashtra, India, with better salary and prospects. I decided to join Accenture and have sent my resignation to TCS. However, TCS states that they only accept resignations within India, not in the USA. They are continuously extending my visa to keep me in the USA, causing me to potentially miss the offer from Accenture. They seem to be trying to make me lose the offer. Please suggest how I can legally leave the company and how I can get legal help.

Regards

There is no law wherein the resignation has to be sent from the soil of India. In TCS, I assume you can log in to the extranet and resign online. Who has advised you such wrong information? Please speak to the HR Head at your corporate office instead of calling the Branch.

You have to tender your resignation to the office from where you were appointed. Since you were appointed in Kolkata at TCS, you need to submit your resignation there. It doesn't matter where you are currently located; you can either send an email or submit your resignation through their website if such facilities exist. To be on the safe side legally, it is advisable to send a hard copy via speed/registered post or any other method (preferably government postal service) if you are resigning from outside the country. Depending on your existing notice period, you will be released. No law can compel you to remain in employment, and according to the Supreme Court, employers cannot prevent you from joining a competitor company for better prospects. If you need professional assistance, you can contact me as I am also based in Kolkata.

For more information, you can check out my blog at www.labourlawhub.com.

Thank you.

I am working in an NGO. I have recently resigned from my organization by sending a scanned copy of the resignation via email, and it has been forwarded to the HR department by my reporting officers. Now my HR manager is replying that my resignation is not accepted because I am the direct in-charge of a running project. I've replied requesting the HR manager to understand my circumstances and accept the resignation.

Resignation Terms

My appointment letter states that either I have to pay one month's gross salary or give one month's notice before leaving the organization. It will be at the discretion of the organization whether to accept one month's salary or one month's notice depending on my pending tasks.

Can anyone help me by providing details (web link) of the legal regulations of the government about resignation and leaving the job?

Thanks in advance.

Regards,
Sajid