Not accepting resignation

You are in which state? HO/redg. office of the company is in which state?

You have tendered notice of resignation, and have served the notice period. Thus you have fulfilled your part of the contractual obligation.

The appointing authority should have supplied the information to you about to whom you should have handed over the charge/company property under acknowledgment.

Have you handed over the charge, and do you have the acknowledgment?

Have you completed all tasks on hand, and do you have the proof?

Has the company issued any stinker, memo, notice, show cause notice etc to you in the interim????

The adamant, recalcitrant, vindictive, zealous line management/HR, employers are known to adopt tactics, scoop down to low levels to deny acceptance of resignation e.g.: declare the employee has been absconding, claim employee has abandoned the employment etc and thus deny relieving letter, post adverse comments in reference check etc….

You may prepare your defense.

Such maters are best resolved by applying rapport, goodwill, exceptional levels of reasoning, persuasion, persistence, negotiation skills, and resolve in favor while in employment…..

If possible suggest in writing the internal/external replacement, and train the designated employee/transfer the knowledge and complete (on record) all tasks on hand.

Such situations shall keep on coming up. Dealing with employer and line management/HR has become a game of chess and it is better to learn and master it.

It shall not be out of place to meet the good offices, clear the situation, but submit the minutes of discussion with date of meeting, of course under acknowledgment.

Another thread on similar subject:

https://www.lawyersclubindia.com/forum/Not-accepting-resignation-77723.asp#.UVLO2EpFZ_4

Resignation can be without permission or notice.

If there is a clause on notice pay in lieu of notice period then it is the maximum compensation either employer/employee has to tender.

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act. Thus, if the employee falls within the definition of employee which has been provided under these enactments, then he would be protected up to that extent.

Service conditions are governed by standing orders of the company, appointment letter/contract of employment. Notice period/notice pay in lieu of notice period if stated in standing orders, appointment letter/contract of employment, is part of service conditions.

The separation is initiated either by employer or by employee.

If notice period is 60 days then it is the notice period employer would give if he want to terminate the employee and this period is for the employee to firm up his next venture and complete the exit formalities.

If notice period is 60 days then it is the notice period employee would give if he wants to terminate the employment and this period is for the employer to put his house in order and complete the exit formalities.

Unless or otherwise company takes a stance that the departure of the employee has caused it loss and charge has not handed over……….

However in your case, you have tendered notice of resignation which is as long as 60 days which is more than sufficient a period for employer to put his house in order.

To defend your interest you may confirm have you retained the copy of resignation and proof of its delivery.

If yes you may submit final resignation addressed to good offices of your appointing authority, MD, Chairman, company secretary quoting reference of notice of resignation, dated…… supplied by you with reference to clause number…………(on resignation/termination/notice period) in appointment letter dated……….issued to you, and highlight that you have served full notice period of 60 days which has expired on dated………and hence you are submitting resignation from the position of which is effective from close of office hours on dated………..

Yu may request the good offices to supply you acknowledgment/acceptance of notice of resignation, final resignation, work experience/service certificate, relieving letter, correct FNF statement, payment of FNF dues by bank DD only as per correct FNF statement, Form16 as per correct FNF statement, attested copies of PF withdrawal forms( submit forms under acknowledgment), NOC/NDC etc…….

You may mention that postage prepaid, self addressed envelope (as purchased from PO0) is enclosed for sending the payments and documents by redg. post to you so as to be received at your end within next 7 days.

Thus do not give any opportunity to employer that it had sent some letter by normal post, by phone call etc………

It shall be appropriate to record all phone calls or avoid phone calls, and keep evidence and witness of all transactions.

If the good offices want you to remain in office for any more days after the expiry of notice period let them state so in writing and confirm that the company shall pay you the wages for such number of days.

In such case company may not be able to claim that the notice period tendered by employee had expired and fresh notice should have been given.

If company makes such request employee may obtain in writing that notice period tendered by employee stands and he shall be relieved on dated…..and all documents and payouts shall be handed over by the close of office hours on dated…..

Valuable advice of learned experts/members is sought.