Stuck After Serving Notice: How to Handle Employer's Refusal to Relieve You?

I have served a 3-month notice, which is the norm in my company. They didn't accept my resignation, citing some lapses, to which I dutifully replied. After the 3 months, I waited another 4 1/2 months beyond my initial notice period. Even then, I did not receive any response or acknowledgment. As it was high time, I sent an email stating that I would not be coming to the office from a certain date. My company now tells me that they will take disciplinary action against me as they want me to continue working. I have not attended since then. My PF and gratuity are due to me. What do I do? Please guide me.

Resignation Rights and Notice Period

Resignation is your right. You can resign whenever you want by serving the notice period or by paying the notice pay in lieu thereof. The Supreme Court has stated that no employer has the right to withhold an employee, and the employee is free to join another company for professional betterment.

As your notice period is 3 months, you have correctly served the notice period. There was no requirement to serve an additional 4 and a half months, which you did.

Handling Rejection and Claiming Benefits

Was your resignation rejected by the company in writing? PF is deposited with the PF authority, so there is nothing to worry about. Regarding gratuity, you need to claim it in FORM I. If you wish, you can contact a lawyer with all your documents (resignation, their refusal letter, other communications, etc.) before proceeding legally.

Dear Sir,

Thank you very much for your response. The company has informed me that my resignation cannot be accepted. This was the communication I received. They claim that there are some disciplinary proceedings for which I waited for 7 1/2 months, but they have not sent me a charge sheet or any memo.

Regarding the PF, the company places the PF in their own Trust. How can I claim that? Please advise, Sir.

You need to give a proper reply to the letter of refusal by the employer. If they have not initiated any disciplinary proceedings, then the reason given by them does not stand much chance. Please consult a lawyer with your documents (appointment, resignation, refusal, etc.) and give a reply.

Once the matter related to your resignation is settled, you can start with your PF.

Resignation and Notice Period Dilemma

I have been working in an MNC for the last 10 months, but I am not satisfied with my current profile. Therefore, I have decided to resign from my job with a one-month notice period as per the employer's requirement. However, when I joined, I signed an employment agreement stating a two-month notice period and that in case of undergoing training in India, a payment of 3 lakh is mentioned in the service agreement. I have 16 days of earned leave and a 30-day notice period. Now, the employers are asking me to pay 15 days' salary upon termination of the service agreement. I have not received any on-site or local training. Could you please advise on how to handle this demand?

Thank you.

They cannot demand any amount if training is not provided to you. However, it is advisable to consider the exact content of the said employment agreement before coming to a conclusion.

If your employer is engaging in any unfair labor practices, or not relieving you from your job, or not paying your salary, gratuity, or any monetary benefits, kindly approach the Labor Officer appointed by the Appropriate Government in your jurisdiction. Take all your documents relating to employment and communication letters with you. The labor officer is the right person to help solve all your problems.

Regards,
Sudharshanan