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vinumpatil
Sir, can anybody guide me. Recently i have resigned from Construction company as Accountant with one month prior notice. But the director asked Auditor opinion whether they have comfortable without him or not ? They have orally accepted my resign but not given me written acceptance.? can i leave without acceptance or not ? What is legal ?
From India, Pune
nathrao
3131

I would suggest that you clearly take a written clearance letter.
Hand over all vouchers,cheque books,Bank statements in duly compiled list.
Obtain a receipt from the official taking over from you.
In case you are handling cash,cash book and balance of cash should also be handed over in writing.
Verbal clearances have no real meaning,considering that you hold the sensitive post of accountant.

From India, Pune
sushilkluthra@gmail.com
221

Besides what Mr Nathrao has told, contract of service can be terminated by you in writing which should be accepted by employer in writing failing which later on you can be accused of having absconded without giving charge. Otherwise how your certificate of experience will be prepared by employer.
Thanks
Sushil

From India, New Delhi
hiren_banerjee
1

First of all, a written letter tendering resignation from the service of the company keeping in mind the span of Notice period, must be submitted to the Competent Authority and that letter must have acknowledgement by appropriate receiving staff. This is very important as there is no documentary evidence in 'verbal acceptance'. In the second stage - after completion of the Notice period, please hand over all the documents and gadgets like Laptop, Sim Card etc. to your immediate Superior with acknowledgement (make a list in duplicate which will retained by either party). Now the third part is - if you do not get the Release letter from the company after the stipulated Notice period, you do not continue your employment and send a Registered letter to the appropriate authority that ' As per the Order of the Hon'ble Supreme Court of India, I am deemed to be released from the service of the Company as there is no communication from the company beyond 30 days from the date of submission of my letter of resignation'. After that you can join new company citing the accepted letter of resignation and subsequent letter. Hon'ble Court has clearly stated in that case that vindication on the part of an employer cannot be a bar on an employee to join another organisation. The only exemption is if an employee is charged with moral tarpitude and Charge Sheeted/ Domestic Enquiry pending / Court Case pending in relation to service matters, then only the onus is on the employer to prevent an employee to leave. Otherwise OK. Thanks you and have a new service life.
From India, Raniganj
vinadepoju@gmail.com
The legal thing for you to do is to ask for their written response to your letter of resignation and any payment accrued to you. You can meet the HR in your organization to request for it. Otherwise you cannot leave without the acceptance letter.
Best Regards,
Lovina

From Nigeria,
Shrikant_pra
264

Hope you have given the notice & obtained acknowledgement of the same.
Just as the last date of notice period approaches, write one more letter to employer referring to your resignation letter. In the letter mention last date of the notice period is approaching and you have not received any letter to whom to hand over the charge. If you are keen to leave them after expiry of notice period, towards closing of the the letter mention that you will cease to be employee after working hours of (last date). This sentence may cause strain in your relationship, as such you may choose not to add the last sentence, but write you must if you do not receive relieving letter.
Shrikant Prabhudesai
7738665045

From India, Mumbai
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