Resignation not accepted
Mohammad
(Querist) 11 September 2015
This query is : Resolved
Hello Sir/Ma'am,
My name is Mohammad. I have a query. I worked in a BPO and due to some issues in my family I resigned because I was to leave for my native place. However, I resigned from the organization and I was able to select the releaving date for the very next day. I had a word with the HR for the notice period, however the next day my card was blocked and my employee ID was also blocked. Now it has been 10 days and they have yet not accepted my resignation. Now I am not able to join any organization. I already told my team lead that I am ready to pay whatever amount is needed to pay. I am still not getting any response.
What should I do now? Could you please help me out with this issue?
malipeddi jaggarao
(Expert) 12 September 2015
Terms of employment to be seen before giving any advice.
Kumar Doab
(Expert) 12 September 2015
You have posted that:
---“I resigned from the organization and I was able to select the releaving date for the very next day.”
Did you submit written (by letter/email) notice of resignation with notice period of 1 day or resignation effective from next working day?
Or did you select next day in some software resignation tool?
Do you have the copy of the notice/resignation/software resignation tool printout and proof of submission/delivery, acknowledgment?
---“I had a word with the HR for the notice period, however the next day my card was blocked and my employee ID was also blocked.”
This can be deemed as acknowledgment/acceptance as effect of resignation tendered by you.
You may however if you nwish, claim that you are at your usual local address ( as in record……………….mention it) and on duty and attendance be marked accordingly.
---“Now it has been 10 days and they have yet not accepted my resignation.”
You may demand to communicate to you the action taken on your resignation, status of your employment, and for how many days you should stay at home.
If company is not issuing any acknowledgment or acceptance in writing then you can minute it in writing and claim that this amounts to that you are blocked from entering office/perform official duty in office from the date of blocking email/official ID and acceptance of resignation and a written communication be supplied to you by email at your personal email id/address by Redg. Post.
---“ Now I am not able to join any organization.”
You c an mention it to BPO.
The employee has severed the employer-employee relationship the moment employee has resigned!
Resignation can be without permission and notice.
The next employer can absorb you on the strength of copy of resignation.
If you are deprived of next source of livelihood transfer the onus on BPO and demand the wages till the day/date acceptance of resignation is supplied to you.
---“ I already told my team lead that I am ready to pay whatever amount is needed to pay. I am still not getting any response.”
Neither team lead nor HR person might be your employer.
You may escalate to good offices of appointing authority,MD,Chairman and narrate all representations given to team lead, HR person.
The BPO are covered by (Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments.
Notice period/pay is inserted in this Act and is as per length of service……………………..and may be max.30 days and is equal for both employer and employee.
The notice period and rate of notice pay in this Act this shall prevail upon the notice period and rate of notice pay mentioned in appointment letter.
If the good offices also do not provide any relief then you may approach your able labor Law consultant/Service Matters Lawyer/Law firm, BPO employees unions or Trade Union leaders and under their guidance, if required, approach:
Inspector appointed under (Name of the state) Shops and Commercial Establishments Act
o/o Labor Commissioner.
Rajendra K Goyal
(Expert) 12 September 2015
Well advised, agree with the expert.
Mohammad
(Querist) 12 September 2015
It was a software through which I resigned. However, we do not have authority to email or make a copy of the resignation letter or send it to personal email address as we had limited authority on our computers.
Kumar Doab
(Expert) 12 September 2015
Resignation is a personal matter and can be sent by letter thru Redg. Post.
You may send follow up communication from person email id followed by Redg. post narrating resignation by software tool as per company's policy and LWD as issued by the tool i.e. dated...............and that you were not allowed to take a copy and demand a copy as filled and submitted by you and narrate everything else that you have posted and demand as suggested above.
If you are unable to draft and resolve on your own seek help as suggested above.
T. Kalaiselvan, Advocate 
(Expert) 20 September 2015
Even now you can send a written communication by registered post to the employer seeking the status of your relieving letter as well as the terminal benefits subsequent to your resignation. From now on, communicate everything in writing and send it by post and not by email.
Take the help of an advocate if need be or sort out the issues yourself if it has not crossed that level.
You should understand one thing that you are give some details about your employment if you would desire to get proper opinions from experts here.
