Stuck Without a Reinstatement Letter After Notice Period: What Should I Do Next?

My name is Sagar. I work for a private company and have been with the company for the last 24 years. Due to some reasons, I resigned. As per the appointment letter, I served a 3-month notice period and requested the management to provide me with a relieving letter and my full and final settlement. However, after I completed the 3-month notice period, the management expressed its concern about retaining me.

Due to the ongoing pandemic situation, I agreed to continue working on the condition that I would be given a reinstatement letter. Although it was orally confirmed, the management has not provided me with a reinstatement letter to date. It has been 25 days since I completed my notice period and continued working. What should I do?

There's no mention in your post about the formal acceptance of your resignation by the management. You also stated that even after the expiry of the notice period of three months, no express orders either rejecting your resignation or relieving you were issued. This implies that you are still in the service of the establishment. Therefore, no question of reinstatement arises. It would be better if you write a letter withdrawing your resignation submitted earlier; that would suffice.

Thank you so much for the inputs. My resignation was accepted by the management via return mail on the same day I sent it. It was only after I completed my notice period that the management expressed its concern to retain me. I then requested a reinstatement letter. The management also sent me a mail saying that I have to withdraw my resignation for them to issue a reinstatement letter. I did send the management a mail stating, "I am withdrawing my resignation based on the confirmation by the management that I will be given a reinstatement letter with my current salary intact." So, I attached a condition to my withdrawal. Since the management has not given me the reinstatement letter to date, where do I stand?

You had resigned and, on the assurance of the management, you have withdrawn it too. You are continuing in service beyond the notice period. There is no formal communication from the management; this need not unduly worry you, as in the first instance, management has not accepted your resignation. Secondly, by continuing you in service beyond the notice period, they are implicitly agreeing to keep the status quo. Maybe sooner or later, you may get some official communication. Hopefully, by now, you would have received your salary, and it is indicative of continuity.

Dear Sir,

My resignation was accepted by the management initially. They waited until I completed my 3-month notice period before expressing a desire to retain me. Although my withdrawal of resignation was at their insistence, I attached a condition that I must receive a letter of reinstatement with my current salary unchanged.

My concern is, if the company does not behave properly tomorrow:

a) If I never receive the reinstatement letter and they reduce my salary (I am yet to receive my salary as the 7th is the payment date), what should I do?

b) If my salary is reduced, I will not continue working with this company. In that case, what will happen to my final settlement (gratuity) amount? What will happen to the notice period I have already served? Will I still receive my relieving letter?

Feedback and Duties Beyond Notice Period

What is the feedback you are getting? Have they assigned you duties that will continue beyond the notice period?

Anyhow, you wait for the payday. If everything is good, then it is satisfying. But if you are dissatisfied, you can send another communication asking to be relieved immediately.

Entitlements and Organizational Response

As regards your queries, the answers are as follows:

You are entitled to gratuity as per eligibility (minimum 5 years of service).

You have already served the notice period, and in the absence of any communication accepting the withdrawal of resignation, you have continued in service but now would like to be relieved.

As such, you are entitled to a relieving order and experience certificate. It depends on the organizational ethos whether they issue them promptly or not.

The reinstatement occurs if one rejoins after resignation or termination, regardless of the reason. Based on your message, it seems like your resignation was declined, and you have been allowed to continue. A reinstatement or re-appointment letter is necessary when an employee's service ends and a relieving letter is issued.

You can determine if your attendance record is under the new Employee ID or the old one. However, it is advisable to confirm this with your HR. Please wait for the salary payment confirmation.

Thank you.