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Santhosh B N (IT)     07 June 2018

Acceptance of resignation letter and issuing relievingletter

Hi,

I am working in a company which is in Banglore where i signed a bond for 3 years. I have put my resignation through mail and they are saying orally that they have accepted my resignation and i can leave the compnay after 90 days of serving the notice period which are all happened orally and they are not ready to give me any releiving letter. If i ask they are saying that i am in bond period so we are not supposed to communicate with you through any emails because of policy itseems. I am ready to pay the bond amount which is mentioned in the bond and i am also ready to serve the notice period of 90 days. But they are not ready to give any releiving letter and also they are not ready to say my last working day through mail. My next employer is asking me to get atleast last working day from the company in which i presently work in through mail. I dont know what to do because i am not ready to let go this oppurtunity.

Any help is much appreciated.



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 20 Replies

Siddharth Jain   07 June 2018

In this case, you'll have to serve legal notice to your employer asking him to give you your relieving letter on your last working day and if if else to do so you can file a suit for declaration in Civil Court against your employer for providing you the relieving certificate.
for any other queries feel free to contact me at isidjain1@gmail.com

Siddharth Jain   07 June 2018

*if he fails to do so.

Pradipta Nath (Advocate)     08 June 2018

You have provided the resignation letter on mail, but the employer remained silent. Their act is enough audible to assume that the resignation letter has been accepted for being no rejection raised from their part.

Now please stand clarified that in the resignation letter what effective date you have mentioned or what last date of working you have mentioned will be considered as the ‘Last Working Day’. I hope you have already done that, so please inform that date accordingly to your present employer.

Aside, please don’t give the bond amount unless they provide you the releasing letter.


(Guest)

Friends , I have one question ,I joined a private company in 2015 to 2016 and on applying I lied a work experience of 4 months under the name of a fake company. But in the company they hired me not on the basis of work experience what I claimed and they even not asked expereince certifcate also. I relived in a proper way in 2016 in that company. Now i got selected for Central govt grade 1 job and in the attestation form I mention the address and name of that private company. ( not the name of fake company that I mentioned in resume ) One of my friend told me that during character and antecedent verification ..the appointing authority will probe previous work places and check our character and other details we furnished with that company . My question is .. does the recuiting authority are empowered to sue me legally for stating wrong details in resume what I produced in the company ? Is resume lying is crime under law in India ? 


(Guest)

Sorry for posting here as I didnt got any response in my orignal post 

https://www.lawyersclubindia.com/forum/Does-lying-in-job-resume-be-legally-sued--181269.asp

Siddharth Jain   08 June 2018

Yes. It is a crime under 406,415,420 IPC

(Guest)

Is resume can be used as legal document and shown as valid proofs?

Santhosh B N (IT)     08 June 2018

Is bond is legal accroding to Law?

Santhosh B N (IT)     08 June 2018

Originally posted by : Pradipta Nath
You have provided the resignation letter on mail, but the employer remained silent. Their act is enough audible to assume that the resignation letter has been accepted for being no rejection raised from their part.

Now please stand clarified that in the resignation letter what effective date you have mentioned or what last date of working you have mentioned will be considered as the ‘Last Working Day’. I hope you have already done that, so please inform that date accordingly to your present employer.

Aside, please don’t give the bond amount unless they provide you the releasing letter.

Is bond is legal accroding to Law?

Kumar Doab (FIN)     08 June 2018

There is NO compulsion on you to not to send notice of resignation and letters by Redg. Post narrating representations by emails, phone calls…..addressed to good offices of employer; appointing authority, MD,CEO.

There is NO compulsion on HR personnel to not to send letter by say ; Redg. Post and mention policies, acknowledgment of resignation ete etc ..

In any case the resignation is personal mater and emails sent from personal email id, official email id are matter of record.

Kumar Doab (FIN)     08 June 2018

Service agreement is signed by you by your free will and probably some surety from your side also signed by his/her free will.

If you wish you may attach the said BOnd.

Erase all names, logo, address etc before you attach to maintain the confidentiality.


(Guest)

Mr Kumar Doab ..Kindly clarify my doubt that " Is resume is a legal document under law "?

For more info on my query..see my orignal post...

https://www.lawyersclubindia.com/forum/Does-lying-in-job-resume-be-legally-sued--181269.asp 

Anupam Sharma (Server Engg.)     19 June 2018

Dear members, A question regarding non-communication of acceptance of resignation. It has been quoted by a learned member "You have provided the resignation letter on mail, but the employer remained silent. Their act is enough audible to assume that the resignation letter has been accepted for being no rejection raised from their part". Whereas, in the matter of Padubidri Damodar Shenoy vs Indian Airlines Ltd, the Supreme Court has ruled "Right to accept or reject is that of the employer. It is true that it has to be exercised within a reasonable time that however does not give right in employee, if not accepted within a reasonable time to hold that the employment has to come to an end. The requirement of the regulation is the approval of the competent authority." NOW, if the employee does not have the right to hold that the employment has to come to an end then how can the employer without accepting and granting his approval and communicating the same, be permitted to insist that employment has to come to an end? Would it not be against the principles of Natural Justice and Equality?

Pradipta Nath (Advocate)     24 June 2018

I believe this case law is applicable when the employer have designed certain welfare schemes on retirement of its employees and to avail that benefit the employees do voluntary retirement. Then it is on the employer's part to decide on its discretion.

On tendering a resignation letter, if the employer remain silent, the employee cannot be expected to remain in a state of confusion and lose the opportunity to seek betterment or lead a free life. If the employee have served prior notice and also given a proper hand-over of his/her responsibilities, the emolyer's silence cannot lead to mental stress on the employee, rather then the Law will see that the emloyer should not allow the employee to handover the duty if resignation letter is not accepted!!


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