Leaving After Resignation: Can I Go Without Written Acceptance from My Employer?

Sir, can anybody guide me? Recently, I have resigned from a construction company as an accountant with one month's prior notice. However, the director asked the auditor for their opinion on whether they are comfortable without me or not. They have verbally accepted my resignation but have not provided me with written acceptance. Can I leave without acceptance or not? What is the legal standpoint on this situation?

I would suggest that you clearly take a written clearance letter. Hand over all vouchers, cheque books, and bank statements in a duly compiled list. Obtain a receipt from the official taking over from you. In case you are handling cash, the cash book, and the balance of cash should also be handed over in writing. Verbal clearances have no real meaning, considering that you hold the sensitive post of an accountant.

Besides what Mr. Nathrao has mentioned, a contract of service can be terminated by you in writing, which should then be acknowledged by the employer in writing. Failing to do so may lead to accusations of absconding without proper notice. Consider how your experience certificate will be prepared by the employer in such a scenario.

Thanks, Sushil

Resignation Process: Key Steps to Follow

First of all, a written letter tendering resignation from the service of the company, keeping in mind the notice period, must be submitted to the Competent Authority. The letter must be acknowledged by the appropriate receiving staff. This is very important as there is no documentary evidence in 'verbal acceptance'.

Steps After Notice Period Completion

In the second stage - after completion of the notice period, please hand over all the documents and gadgets like a laptop, SIM card, etc., to your immediate superior with acknowledgment. Make a list in duplicate, which will be retained by either party.

What to Do If You Don't Receive a Release Letter

Now, the third part is - if you do not receive the release letter from the company after the stipulated notice period, you should not continue your employment. Send a registered letter to the appropriate authority stating, 'As per the Order of the Honorable Supreme Court of India, I am deemed to be released from the service of the company as there has been no communication from the company beyond 30 days from the date of submission of my resignation letter.'

After that, you can join a new company citing the accepted letter of resignation and subsequent correspondence. The Honorable Court has clearly stated that vindication on the part of an employer cannot be a bar for an employee to join another organization. The only exemption is if an employee is charged with moral turpitude and there are pending charges/sheeted domestic inquiry/court case related to service matters. In such cases, the onus is on the employer to prevent the employee from leaving. Otherwise, it is okay.

Thank you and best wishes for your new service life.

The correct and formatted text:

The legal thing for you to do is to ask for their written response to your letter of resignation and any payment accrued to you. You can meet the HR in your organization to request for it. Otherwise, you cannot leave without the acceptance letter.

Best Regards,
Lovina

Hope you have given the notice and obtained an acknowledgment of the same. Just as the last date of the notice period approaches, write one more letter to the employer referring to your resignation letter. In the letter, mention that the last date of the notice period is approaching and you have not received any information on whom to hand over the charge to. If you are keen to leave after the expiry of the notice period, towards the closing of the letter, mention that you will cease to be an employee after working hours on the last date. This sentence may cause strain in your relationship; therefore, you may choose not to add the last sentence, but it is essential to write it if you do not receive a relieving letter.

Regards