Stuck Between Jobs: How to Handle Delayed Resignation Acceptance and Salary Issues?

Dear Friends, I am a working professional and I need your help with the following. I joined my current company on 16th October 2017. After joining the company, I found out that it is not as good as expected, especially regarding salary payments, which are never made on time. The salary for October is still due, and the appointment letter does not mention any clause regarding the salary credit date.

Job Offer and Resignation Acceptance

Fortunately, I have received a job offer from a very good company. However, they require a Resignation Acceptance Letter from my current company. The Managing Partner of my current company is delaying the acceptance of my resignation through email, although he agreed over the phone. Could you please advise me on the legality of the resignation acceptance letter?

Notice Period and Early Release

Moreover, I have observed that many new employees have left the company without providing proper notice, simply informing over the phone. The company is a startup and everything is controlled by one person, the Managing Partner. I have given proper notice by informing verbally and then resigning via email. I have also requested an early release, which is less than the one-month notice period. I am willing to pay the notice amount, but I am concerned that they may not acknowledge the payment or provide a relieving letter. My new company is willing to buy out the notice period as well.

Please guide me as I have already resigned from my current company, but I am unable to join the new company due to the absence of a written resignation acceptance. What steps can I take in this situation?

Thank you for your assistance.

Legal Aspects of Resignation Acceptance

Legally, resignation requires acceptance by the employer. It is at the discretion of the employer to accept the formally submitted resignation or reject it based on non-compliance with notice conditions, if any, or exigencies of work. However, this does not mean that the employer can compulsorily retain the employee indefinitely against their will.

If, despite your formal undertaking to pay the notice salary before your relief on a specified date mentioned in the resignation, the management fails to respond abruptly, you can assume that the resignation has been accepted. In this case, you should pay the notice amount, if applicable, and leave on the date specified in your resignation letter. It is advisable to keep your prospective employer informed at each stage of the process.

Hi,

Along with following what Mr. Umakanthan M. has explained, ensure you pay your notice pay calculated on your Basic + DA component and pay the amount through cheque only. Retain a copy of all the documentation so that you can have proof of resignation. Also, if he does not formally give a receipt or acknowledge your resignation, then send a hard copy through registered post and keep the acknowledgment with you for the future.

Thank you, Mr. Umakanthan and Ms. Harpreet, for your kind suggestions. My appointment letter does mention a one-month notice period or payment of basic salary only. However, I am not inclined to pay the shortfall notice amount as I fear they will never issue an acknowledgment of credit receipt to them. Furthermore, the company has not paid my salary for the month of October 2017, and on November 17, it will be exactly one month. Hence, one month's salary will be due to them, which is more than the notice amount. I will certainly send the resignation letter by registered post and keep the receipt for future purposes. I have requested my prospective company to consider my joining based on my resignation.

Thanks again and regards,
Rajeev

See, it's always better to terminate a relationship on a good note. I recommend you have a word with your employer once again and state your conditions for resignation. If possible, keep a record of the conversation. If this doesn't end well, then follow the second process as suggested already.

Yes, I did. Thankfully, I got it today in the form of an email which the prospective employer has accepted. I will persuade for a formal letter, a kind of document. But I was wondering why there are no laws covering these things, which are significant but considered as small issues. Provisions of law in the form of rules and procedures on these matters will be helpful to both sides always.

Thanks again to both of you.

Regards