What to do if the employer is not accepting the resignation?

shalaka-kadam
Hi All, I need guidance on the above-mentioned topic. I submitted my resignation on 10th November 2018, and according to the policy, my last working day was 10th December 2018. I was clear about my reasons for leaving the organization (Saturday and Sunday off for my further studies and monetary growth), which was promised to me by the director. Since the confirmation was not over email, I considered it unapproved. This organization has a habit of not replying to emails regarding increments, promotions, and confirmations, so I assumed the company didn't want to give an increment. Hence, I decided to part ways. I made constant verbal follow-ups with the Head of HR (who is also the wife of the Director). She kept delaying the decision I was awaiting from senior management.

I asked HR to put my salary on hold and include it in my Full and Final Settlement since I was firm on leaving; however, this was overlooked by the HR Head. I served all my 30 days as per the policy and also provided my replacement to the company. I even clarified via email that I would come down for the handover to my replacement. Now, I have joined a reputed organization, and they are expecting acceptance of my resignation and letters too. If I fail to provide that, I might lose my job. I don't know how to get this done. I would highly appreciate it if the experts could help me find a way out.
Dinesh Divekar
Dear member, you state that you have served the notice period as per the conditions of employment (presumably as mentioned in the appointment letter). You have been accommodating of your employer's requirements, and you even arranged for your replacement. Considering this context, what more could an average employee have done?

I recommend that you visit your past employer personally and request them to provide the Service-cum-Employment Letter (experience letter). If possible, also ask for a "No Due Certificate." If they do not provide you with this letter, you may approach the Labour Officer (LO) of your area. However, whether you are eligible to approach the LO depends on your designation and whether you had any subordinates.

Thanks,
Dinesh Divekar
Kritarth Consulting
Written acceptance of resignation

Written acceptance of resignation tendered by any employed person is the first step in giving effect to a resignation request. Without being relieved from your employment, again by the issue of a written order/acceptance and a discharge from the muster-roll paper, it is unwise to join another establishment. The second establishment erred in allowing you to resume duties without the submission of a written relieving/termination-from-employment letter.

Please persuade the employer to accept your resignation and approve the same. Double employment is prohibited and liable to punishment.

Kritarth Team
December 2018
shalaka-kadam
Dear Mr. Divekar,

I tried reaching out to them in every possible way; however, they are reluctant about it. I am afraid that if I show up at the office without notifying them, they will not entertain me.
shalaka-kadam
Dear Kritarth Team, my previous employer is well aware of the situation, and hence they are not accepting resignations, causing trouble for the employees. I worked with the organization as an HR for 11 months, and not a single employee has left on a good note. Even when employees served proper notice, their payments were unnecessarily delayed. Furthermore, if the company receives any mail for background verification of an employee, they never reply honestly. The company is also involved in a lot of fraudulent activities and makes false promises to employees.
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