I am a Senior System Engineer working in an IT company in Chandigarh. I have been with this organization for the past four years. I recently received an opportunity at a new company and decided to resign from my current position. However, my manager is not accepting my resignation and is mentioning that I resigned after a client's training. According to company policy, I am required to serve a 30-day notice period, but there is a clause that states the manager has the right to accept or reject the notice period. I currently feel constrained by this situation. My manager has threatened to terminate me in the past, but unfortunately, I do not have any recordings of those incidents. What should I do now? Please suggest.
Thanks,
Karan
From India, undefined
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Thanks,
Karan
From India, undefined
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If there is a notice period in your appointment, then you have to serve it or pay the equivalent amount in lieu thereof. You cannot be held. If there is a company policy that gives exemption to you, then you can take the shelter of such a clause.
If possible, consult a lawyer with your appointment letter and get a resignation drafted by him, then send it through speed/registered post.
Check my blog at www.labourlawhub.com for more information.
From India, Kolkata
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247If possible, consult a lawyer with your appointment letter and get a resignation drafted by him, then send it through speed/registered post.
Check my blog at www.labourlawhub.com for more information.
From India, Kolkata
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Hi Ritesh, thanks for the suggestion. As I mentioned in my previous post, the manager is saying that he has the right to accept and reject resignation, and it's mentioned in the separation policy as well. I have the offer letter from another company, but my current company is not ready to relieve me. In that case, I think I will miss the opportunity. If I hire a lawyer and send the resignation, the company may react badly because they have their lawyers and can withhold my experience letter as well.
I went through your blog as well but was unable to find information regarding this. Please share the complete URL.
Thanks,
From India, undefined
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I went through your blog as well but was unable to find information regarding this. Please share the complete URL.
Thanks,
From India, undefined
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Dear Karanveer,
The right of the manager cannot be imposed on him by the employee. If he has the right to accept or deny resignation, that is vested with a distinct discretion upon him. It is better to convince him about your concerns and the need for the resignation to be accepted.
Thank you.
From India, Delhi
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The right of the manager cannot be imposed on him by the employee. If he has the right to accept or deny resignation, that is vested with a distinct discretion upon him. It is better to convince him about your concerns and the need for the resignation to be accepted.
Thank you.
From India, Delhi
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Hi PS Dhingra, Thanks for the advice. However, if I refer to the appointment letter, it states, "The services may be brought to an end by giving one month's notice to either side or pay salary for the period in lieu of the notice period." At the time of joining, we only refer to the joining letter, and we join the company based on that letter.
I don't think that if a company comes up with a policy that an employee cannot leave until the age of 50 or the employer can reject the resignation as many times as he wants, etc., what should we do in that case?
Moreover, two weeks have passed, and they have not provided me with a backup resource to whom I can train. I am sure that they will not provide the resource even after 3 months. They may even try to terminate me because they are taking things personally.
Whenever I discuss this with the manager, he tells me that he will try to relieve me, but he is not providing anything in writing. In the past, he had threatened me with termination. The company is holding me forcefully without any agreement. I have made up my mind that I will leave at any cost because I do not see any reason to work in such a restrictive environment. It feels like slavery. I cannot sleep or eat due to this situation. It appears that they will not release me even after 3 months. The problem is that they can withhold my experience letter and relieving letter.
Please let me know what I can do now as per the labor court laws.
Thanks,
From India, undefined
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I don't think that if a company comes up with a policy that an employee cannot leave until the age of 50 or the employer can reject the resignation as many times as he wants, etc., what should we do in that case?
Moreover, two weeks have passed, and they have not provided me with a backup resource to whom I can train. I am sure that they will not provide the resource even after 3 months. They may even try to terminate me because they are taking things personally.
Whenever I discuss this with the manager, he tells me that he will try to relieve me, but he is not providing anything in writing. In the past, he had threatened me with termination. The company is holding me forcefully without any agreement. I have made up my mind that I will leave at any cost because I do not see any reason to work in such a restrictive environment. It feels like slavery. I cannot sleep or eat due to this situation. It appears that they will not release me even after 3 months. The problem is that they can withhold my experience letter and relieving letter.
Please let me know what I can do now as per the labor court laws.
Thanks,
From India, undefined
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Mr. Karan,
That all depends upon the language of the offer cum appointment letter that you have accepted. So, post the extract of conditions of resignation in order that I and other community members may interpret appropriately and advise you suitably. My opinion was based upon your own statement about the clause of the right of the manager to accept or reject the notice, as you said, "there is a clause that the manager has the right to accept and reject the notice period."
From India, Delhi
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That all depends upon the language of the offer cum appointment letter that you have accepted. So, post the extract of conditions of resignation in order that I and other community members may interpret appropriately and advise you suitably. My opinion was based upon your own statement about the clause of the right of the manager to accept or reject the notice, as you said, "there is a clause that the manager has the right to accept and reject the notice period."
From India, Delhi
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
H.R.Manager - Job Chart.doc
Resignation Letter.jpg