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Panneer Selvam   24 June 2016

Not accepting resignation

I am working in a company X for more than an 4 years. One month back, I got a better opportunity in Company Y and send the notice of resignation through email to my reporting manager. He denied my resignation and tried to convince me to continue in the company X.

 

After two weeks of discussion, he accepted my resignation but denied to relive in one month. he wants to serve my notice period as 2 months even though employment agreement states that notice period is one month. I told to my manager that send me acceptance of resignation letter.

 

My VP said dont relieve anybody until the project going to live in this mean time another one employe also resigned her job. she is ready to relieve without relieving letter. Now My manager strictly deny my resignation.

 

My manager mentioned that he is not going to relive me from company X till the ongoing project was completed which started one day before my resignation. This project may take 6 months or more to complete and my new company Y may not hold the offer to me that long.

 

Still now i did not get acceptance for resignation and postponing my resignation. they also not ready to send mail also. What an I do Now?

 

Will I face any legal problems, if I join the new company Y after I completed my one month notice period in company X as per the employment agreement, without the acceptance of resignation and reliving letter for company X?



Learning

 6 Replies

Angad Singh (Lawyer)     24 June 2016

Ready all your proofs regarding the correspondence you have had with your manager. Submit your resignation again stating the previous date when you had originally submitted it. CC the mail to your VP and HR rep. and ask them for your relieving letter on/before your last day. Also, ask them for their acceptance whilst stating that no reply shall amount to acceptance of the same. Print everything and keep it with yourself. You are only bound by your contract of employment and nothing else.

Kumar Doab (FIN)     24 June 2016

Don't post second resignation.

Transact thru personal email and downlaod all other communications.

Submit letter thru redg. Post.

Mention the facts e.g. the discussion on new project that started a day before your notice of resignation...........................and that you are being asked to extend notice period to 2 months.............(that is not possible for you) ..............................work till completion of project ..................(that is not possible for you)......................

 

Build irrefutable written record.

 

And conclude that you have resigned in accordance with T&C of appointment letter and your LWD shall be dated..................................and to whom you should handover the charge ( under proper acknowledgment on the spot) within and upto LWD i.e dated...................and routine duties be assigned to you that can be completed on daily basis and within and upto LWD.

 

Don't remain entangled with HR/Line Managers/VP etc and address the communications to good offices of appointing authority,MD..................

 

Highlight yourt achievements and mention that NO SCN,stinker was ever issued to you.

Record all threats if any (audio/visual/minuted/witnessed) and place on irrefutable written record.

 

Kumar Doab (FIN)     24 June 2016

While posting such queries employee should post full basic information :

e.g;



Have you been issued with appointment letter (  Noted: Yes) ? 



You may post the exact extract from LOI/offer/appointment letter on termination/resignation/ leave,Notice pay in lieu of notice period,  payment of wages, Probation/confirmation etc.

What is your designation and nature of duties in offer/appointment letter and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?



Is any date of payment of wages mentioned in appointment letter?


How was salary paid; cash/cheque/in bank a/c ?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?

You were in which state?


What is this establishment; Commercial/Industrial ( e.g; ITeS)?



Does it have Certified/Model standing orders and does it apply to your designation? {  If yes confirm it is (Model/certified)}. 


Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed, as per initial LOI/Appointment letter issued to you and/or any subsequent communication even if by email/speaking order?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?


Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance ( Noted; yes) , PF a/c number and a/c slips  , FnF statement, ESIC card,Form16, service certificate, relieving letter , NOC/NDC, handover of charge/assets etc?


You have worked for how many months ?


How many persons are employed in it currently and what was max. no. at any time?
 

Has your FnF been settled by old company OR FnF statement issued?
Were you asked to handover chanrge/assets by old company?
 
Did you write to appointing authority,MD, under proper acknowledgment about issues that you have been facing?

JustAdvisor (IT)     24 June 2016

also you may take a printout of your attendance sheet specially during notice period and all important mails (remember company will disable your account at some stage) on your LWD from intranet portal.

Kumar Doab (FIN)     25 June 2016

Post reply to all points foe further response.

D Anil Ambedkar (ASP)     26 June 2016

Approach a lawyer... issue a notice of days to your MD... along with all your proofs of resignation correspondance etc,.. and leave the job on 11th day. Best of luck


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