Company Not Releiving me

This query is : Resolved 

Querist : Anonymous (Querist)
23 April 2011


Due to family problems, i had to resign from my company in order to relocate to where my family was.
Since, it was an emergency, I could only give 25 days notice to my company.
As per my agreement with the company, I could be relieved by giving 2 months notice or 2 months salary.
Since I am not able to serve the notice period, I am prepared to give 2 months salary.
The HR has accepted my resignation. However, they are simply postponing my relieving. Is there any legal time frame within which a company has to relieve the employee?
What if they do not relieve me because of which I lose my new job also?
Plz help.

Isaac Gabriel (Expert)
23 April 2011

By accepting the resignation,the company has closed your account.It is upto the company to to waive the notice period or salary at its will.Relief is immaterial after acceptance of the resignation.

Advocate. Arunagiri (Expert)
23 April 2011

It seems that you have acted legaly. You have given notice of 25 days and prepared to buy the notice period also. In such situation the company ought to give relieving letter to you. Acceptance of your resignation shows their intention to relieve you. So you can demand for the actual relieving letter.

No danger to your new job.

Devajyoti Barman (Expert)
Click to Talk
23 April 2011

When the company has accepted your resignation and you may have been ready to forgo your salary for not serving the notice period then you have done nothing wrong.
On the basis of the acceptance of resignation letter you can safely join the new company. There is not time frame within which the old company will have to relieve you.

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