Struggling with Resignation: Can My Employer Delay Acceptance Indefinitely?

Suddenly, I fell ill and was hospitalized for approximately 15 days (medical treatment and prescription available). Doctors declared that I am in depression and need approximately 45-60 days of bed rest. While I was in the ICU, an administrative executive from my office also visited continuously for 3 days. The management, including my boss, was aware of the situation. After 45 days, I received a letter instructing me to immediately come to the office and explain the reason for my absence. In my reply, I explained all the details with medical prescriptions, discharge slip copies, and also requested either termination from my job as I am still medically unfit, or, if not, to sanction my pending leave of approximately 60 days. However, I did not receive leave encashment nor was I terminated, and there was no response from them.

Approximately 3 months ago, I sent my resignation again on the grounds of being medically unfit with ongoing medical treatment. However, they have not accepted my resignation and are marking me as absent. Currently, I am a psychiatric patient, and it has been a total of 10 months now.

Question on Resignation Timelines

My question is, are there any timelines for accepting the resignation, or does it depend on the employer's wish? There has been some improvement in my health, but I have decided not to rejoin such an organization. Can I join another job since more than 80 days have passed since submitting the resignation?

Please provide your kind suggestion.

Thanks!!!

I hope you get better soon and return to your normal routine promptly. My question to you is, what is your exact inquiry? Do you want to depart from the company permanently, or do you now have a job offer and require a termination or relieving letter from them so that you can transition to the new organization?

I am asking these questions because the company has completed all necessary legal procedures to establish your prolonged medical leave status. You mentioned that they marked you as absent. Does this mean you have conversed with the company's HR or a representative, and they have conveyed something to you (which you haven't shared), or have they provided a reason for not accepting your resignation or termination? If the company is willing to rehire you because they believe you are a valuable employee, it is quite rare for companies to hold a position for more than 10 months for an employee to return.

Therefore, what exactly is your query?

Regards,
Ashutosh Thakre

Resignation and Employment Transition Concerns

Thank you for your reply! First of all, I want to move to another company because when I was hospitalized, the company did not even release my salary. Secondly, when I was in the hospital, I borrowed money for medicine and hospital bills from my relatives/friends, which amounts to approximately 1.5 Lac. Now, I have only one option: to tender my resignation and receive the full and final settlement, which is approximately Rs. 6 Lacs, to repay the borrowed money to my relatives. Additionally, the company neither helped me financially nor allowed me to utilize my remaining 60 days of leave. Instead, they adjusted my leave and paid whatever salary was due.

I do not want to rejoin the company; that's why I tendered my resignation twice and sent it through Speed Post. I have the acknowledgment of the Speed Post and the resignation available with me. It has been more than 90 days since the receipt of my resignation, but the company still shows me as absent.

Now, the main question is: can I join another job even though 90 days have passed, or is there a specific timeline for accepting the resignation? In case I join another company, can the previous employer raise any issues, or is it an offense to start a new job without the previous company accepting the resignation?

Please guide me.

Thanks a lot.

Dear Ravinder, You will need to personally go to the office, speak with the management, hand over your resignation, discuss the exit, and present them with the medical certificates. They may want you to come for a few days or weeks so that if there are any previous queries, they can solve them.

Speak politely with them, and surely there will be a way out from the same. Instead of telephone or emails, make personal contact with them and have the issue sorted out. Just remember, no negatives in mind and words.

Regards, Ashutosh Thakre

Thank you, Sir, for your guidance! I will try to meet you personally. However, I would also like to know legally what the timeline is to accept a resignation in the private sector – whether it is fixed or depends on the individual's wish.

Sir, it's a humble request that you please provide me with your valuable feedback.

Thanks & Regards.

Dear Ravinder,

There is no prescribed time limit for the same. It generally starts from the date of submitting your resignation to the concerned authority. In your case, there is indeed a significant gap. Therefore, it is advisable to personally meet them with hard copies of the emails and other relevant documents. Sit across the table, communicate effectively, and then proceed further.

Regards,
Ashutosh Thakre