Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sumi (Manager)     10 June 2013

Company not accepting/ conf. resignation & relieving date

Dear Sir/ Mam,

I have tendered my resignation (through email & hard copy sent by registered post) from the services of the company i am working for on the 15th of May,2013. However till date my boss is not accepting my resignation and the HR is also being very diplomatic by saying that unless my immediate boss is accepting my resignation, he cannot take up other formalities. My salary has also been stopped. 

My Boss has clearly told me that he shall not accept my resignation and i can abscond if i wish to. HR is also playing silent and all these activities is mentally torturing me. My new employer is willing to accept me without relieving letter. But i feel that after working so hard and being a good employee of the company for past 5 years, do i deserve such a bad treatment just because my boss is uncomfortable. 

My question is 1. Is my company's HR liable to act irrespective of whether my boss accepts the resignation or not. Since i would always want an honourable exit. 

2. Can i abscond worst case scenario and can the company take any legal action against me if i do the same.

I would like to confirm that the resignation clause in appoiment letter clearly states that either i need to give notice of 3 months else make payment in lieu of it... 

Please throw some light. 

Thanks.



Learning

 5 Replies

HIRAL THAKKAR (ADVOCATE )     10 June 2013

Company has to accept resignation letter if its is served with proper notice period, and in the event the company is sideing its duties then you can approach the commissioner of labour office by properly serving the notice through registered post letter to the company.

 

You cannot abscond as it creates a bad impression as well as company can take action against you.

 

Nobody can be in between you and and your future better prospects, it is a pity situation that you are facing.

 

Regards

Hemang (Advocate)     10 June 2013

Notice pay is your right. Exercise it. 

Kumar Doab (FIN)     10 June 2013

 

HR/Line management is not employer and they are other employees in the company.

 

You are not supposed to obtain any permission from them.

If compnay has made them a stake holder it is its internal business.

 

Resignation can be without permission and notice.

 

The notice of resignation/resignation should be addressed and submitted to good offices of appointing authority, MD………..under proper acknowledgment preferably thru redg.post.

You may demand the acknowledgment of notice/acceptance of resignation, correct FNF statement, FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number and account slips for whole period of employment, ESIC card ( if eligible), salary slips for the month of ………….., work experience/service certificate, relieving letter, acknowledgment of company property/handing over of charge, etc  be supplied to you within last day in office, by redg. post only.

 

Since you have initiated termination, thus breach of contract to serve notice paeriod, you have to comensate the employer and this compensation is already stated in appointment letter in the form of notice pay.

You may afirm that notice pay be adjusted in FNF statement/settlement or you may enclose the cheque for notice pay @........as in appointment letter or as suitable to you and ask the good offices to issue acknolwedgment on the spot and show it in FNF statement.YOu should also affirm to submit the compnay property/handover the charge.

You should mention that you have completed all tasks on hand and nothing is pending at your end.

 

Abscondment: is by intention.

To abscond: is to leave without permission, escape, hide,…………..

Absconding is different from abstaining.

If you have tendered nresignation in line with clauses i standing orders of the compnay/contract of employment you have not absconded.

You should deny in subsequent communications that you have absconded and may diclare the word "Absconding"" is derogatory and you protest..

 

 

Reliving letter is supplied post all settlements by employee e.g. hand over of charge, company property etc………….completion of exit formalities.

 

If you have not left anything pending at your end then compnay can not allege that you have caused any loss.

There are many threads in similar query. You may got hru these;e.g;

 

https://www.lawyersclubindia.com/forum/Relieving-letter-employer-causing-delay-not-issuing--82265.asp#.UbXxVvlVPxo

https://www.lawyersclubindia.com/forum/Issues-with-full-final-settlement-with-employer-81838.asp#.UbXzAflVPxo

https://www.lawyersclubindia.com/forum/Notice-period-81859.asp#.UbXzE_lVPxo

 

It shall be approrpiate if all your representations are structured and drafted by a competent and experienced labor consultant /service lawyer.

V. VASUDEVAN (LEGAL COUNSEL)     10 June 2013

File a petition with the labour commissioner under the Payment of Wages Act, for non-payment of your salary.

THe Company officials would immediately contact you to resolve the matter.

M.S.R.Murty ( Manager (Admn))     15 June 2013

Dear Mr.Sumi, 

Since you were appointed as Manager, your terms of appointment would be on contract.  Probably you may not covered under Labour rules.  It is better to convince the ex-employer and get the releaving.  Of course , you may prefer conciliation through Labour Department.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register