How to Handle a Resignation When Your Boss Won't Acknowledge It? Seeking Advice!

Seeking Advice on Resignation Acknowledgment

I would like to get your suggestions as I have resigned from my post and have sent the signed copy of my resignation through email and courier to my superior authority who is in another state. My notice period is 1 month.

It has already been 18 days since I resigned, but my superior has not provided acknowledgment of acceptance or rejection. Whenever I ask for acknowledgment, he confirms he has acknowledged verbally and not by email. As I am joining a new company, their terms require a copy of the acceptance of resignation or a relieving letter, which is mandatory.

Please provide me input on a few points:

1. Should I consider that my resignation is accepted (please provide me with the clause or rule details that address this)?
2. According to the Digital Security Act 2000, is my email considered accepted if not acknowledged within 3 days of receipt?
3. What document can I provide to the new company during joining on relieving?

Regards,
Sushruth

1. There is no clause on clear rules for resignation. But as per the Indian Contracts Act, your employer cannot stop you from leaving after giving them sufficient time (notice period) to find a replacement for your position.

2. You can provide a printout of the resignation email.

3. You mentioned that you have couriered the resignation letter. You can provide the acknowledgement copy of the courier. Collect the acknowledgement copy from your courier service and present it as an acceptable document.

Thank you, Mr. Stephen, for your input. Also, please let me know once the notice period is completed. Can I inform the HR and my reporting authority via email before moving out of the company?

Dear Sushruth,

If your respective manager is not accepting your resignation in writing, then no issue. You have sufficient proof of your resignation acceptance. Just retain the proof/POD details of the courier of your resignation for future reference.

Moreover, you can send your manager one more reminder regarding your resignation acceptance and keep your personal email ID in BCC or CC.

I hope this resolves your query or doubt.

Warm Regards,
Sudhir

Acceptance of Resignation Since you have waited for more than 18 days without any reply, it can be presumed that your resignation is accepted, provided that the letter of resignation has been delivered properly. It is always advisable to send official letters through registered or speed post, apart from email.

Digital Security Act 2000 There is no such thing as the Digital Security Act, but you can check the Information Technology Act yourself to see if there are any relevant provisions.

Documents for New Company During Joining You can provide a copy of your resignation letter and the postal receipt and acknowledgment, if any, of your letter. Please refer to www.labourlawhub.com for more information on labor laws.

Regards

Stephen,

In case of difficulty in obtaining acknowledgment, a sent mail can be forwarded to the new employer along with a scanned copy of the courier's acknowledgment and delivery slip. After the notice period expires from the date of posting the dated letter, there won't be any problem. In private organizations, these things are negotiable. Best of luck.