Resigned but not relieved

Querist : Anonymous (Querist) 08 April 2021 This query is : Resolved
I have come across a case, where an employee was asked to resign and he duly submitted resignation via email. But the resignation was never acknowledged or acceptance issued by employer.

Now the notice period has expired, but no relieving letter has been issued by employer even after a week of expiry of notice period.

As the employee would prefer the employment to continue in current difficult scenario, he has not asked for relieving / relieving letter.

Is the employee still employed by the employer per law? And is the employee entitled to wages till the time formal relieving is done?

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Quick Summary

If an employer fails to acknowledge or accept a resignation, and doesn't issue a relieving letter after the notice period expires, the employee may legally still be considered employed. In such cases, the employee is likely entitled to wages until a formal relieving order is issued. It might be possible to withdraw the resignation and continue employment, especially if the employee has not stopped attending work.

krishna mohan (Expert) 09 April 2021
Relieving order if not issued as per notice period shall also mean deemed continuance. You can send email withdrawing your resignation due to not relieving and try to join. They can probably relieve you with relieving letter.

T. Kalaiselvan, Advocate (Expert) 22 May 2021
It can be understood tht the employee is still on the rolls of the company till such time the company is not physically relieving the employee or the employee stops attending the office after the expiration of the notice period.
He may continue to attend the office and demand wages till the period he worked last with the company.

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