Query about non acceptance of resignation letter
SRINIVASA RAO P
(Querist) 27 November 2013
This query is : Resolved
Dear Lawyers Club,
I was working in one of the branches of a pvt. ltd. company as Asst. Accounts Officer till may 2013. This company is engaged in the field of Real Estate and is covered under A P SHOPS AND ESTABLISHMENTS ACT .
I got a better offer in another Pvt. Ltd. company and submitted my resignation letter in June 2013 with one day notice (since in the appointment order given to me it was mentioned as one day notice on either side) to the Personnel Department of Head Office at Hyderabad and waited for acceptance of the same by the company for one month.
Till date the company has not accepted my resignation letter but they have acknowledged having received my resignation letter.
During this one month I pursued my issue with Personnel Department at Head Office and I was told that my letter has been forwarded to General Manager (Accts) for his recommendations of accepting my resignation letter and the issue is pending with him .
In the mean time I joined the new company in July 2013 after informing the Branch authorities as well as the Head Office.
Further I sent another reminder to the Head Office to relieve me of my duties and responsibilities to ensure a smooth exit from the company.
Till date I have not received any communication from the Head Office about my resignation acceptance.
Now my question what is the remedy that is available to me under various labour laws as well as under A P Shops and Establishments Act.
Even I am entitled for Service Compensation and PF Benefits.
Kindly guide me in this regard.
Advocate M.Bhadra
(Expert) 27 November 2013
Most of the employee are subject to harassment by the company. In case you have got an offer from the other company and told them about the whole case let the previous company terminate you. Please keep the company you are joining informed of the possibility of a termination letter in place a normal relieving letter.Or if the Company is not excepting your resignation letter. In this case the company will not issue an relieving letter from their side.. If you thing you don't want a relieving letter then you can leave the company & tell your next organization that you are joining without resignation acceptance.
For your P.F. dues you can lodge a complaint to the Regional Provident Fund Organization.
SRINIVASA RAO P
(Querist) 27 November 2013
Thank You very much Sir.
There is no problem from the new company.They are aware of the facts that I am facing and in fact I joined the new company without acceptance of resignation.
Further there is no problem from the new company side in respect of relieving letter or termination letter.
I am concerned about my Service benefits and PF Benefits.
I want to go as per the labour laws for solving the problem.
So what are the remedies available under the Labour laws.
malipeddi jaggarao
(Expert) 28 November 2013
How many years service you put up in the previous organisation? For PF as rightly advised by advocate Mr.Bhandra, your pursue with PF authorities.
Devajyoti Barman
(Expert) 28 November 2013
You can always raise this issue with the PF Commissioner.
Rajendra K Goyal
(Expert) 28 November 2013
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 28 November 2013
Advocate Mr. Bhadra rightly advised you. How many years of service have you put with the previous company, in what way the short service experience going to help you, what if the previous company terminates your service and gives an adverse report as a reason for your termination?
prabhakar singh
(Expert) 28 November 2013
Ido not know about replies you are being responded beyond your queries!To me your previous employer is at wrong legs if you have an agreement of resignation or termination of services on one day notice.If your current employer is not a problem with issue Join him showing your past agreement.
In case your current employer raises issues sue past employer for losses is my view.
I accept sound differences.
