Resigned but Not Accepted: How to Navigate Job Transition Without a Relieving Letter

I resigned from my current company three months ago, but they have not yet accepted my resignation. I asked my manager for a withdrawal, but he has not taken any action or sent any email regarding that. I am unsure whether I should stay or leave, so I have decided to search for a new job. My notice period is three months, which is now completed. I have now joined another company.

Potential Effects of Unaccepted Resignation

What could be the effects since they have not accepted my resignation yet? One possibility is that they may not provide me with a relieving letter or experience letter if I leave and may show me as terminated.

What should I do? Kindly guide.

If the employer has failed to respond within a reasonable time either to accept or reject your resignation letter, it appears that he has accepted it. You may file your complaint with the Dy Commissioner of Labour (of your jurisdiction) stating your circumstances for resignation and file a claim of a statement related to your terminal dues and request for a relieving letter.

You need to explain this matter to your new employer. I hope you have proof of submission of resignation to the company. If you have the proof, give that to the employer, along with your appointment letter which shows the notice period and your salary slip to show you worked throughout the period and perhaps more. Most rational HR teams will accept that as proof.

Employment at Will Doctrine in India

The doctrine of employment at will is not legally recognized in India. On the contrary, various aspects of employment, from appointment to termination, are strictly governed by the terms of the contract of employment, which can be explicit or implied. Particularly, when there are specific conditions regarding the termination of the contract of employment, both the employer and the employee are bound by them. There is no scope for the exercise of any individual discretion permissible to either of the parties to the contract other than the options specifically mentioned therein regarding the preconditions for exit.

Therefore, when an employee submits their resignation with prior notice and serves the entire notice period as per the contract, the employer has no discretion to reject it or to be simply silent unless some grave charges of misconduct are pending against the employee. Even if the incumbent happens to be a stellar employee, unless they withdraw their earlier resignation before the expiry of the notice period, the employer is bound to formally relieve them. Otherwise, the employee can simply walk away and institute legal action for formal relieving orders.

Withdrawal of Resignation

However, the post mentions a specific incident of the employee withdrawing their resignation in the meantime. If it is a formal withdrawal in writing, my personal view is that the matter of the resignation ends there, and the employee need not expect any confirmation or acceptance of the withdrawal from the employer. I feel that before the expiry of the notice period, the employee ought to have withdrawn the letter of withdrawal of their earlier resignation or submitted a fresh resignation with due notice.

Regards