Resigned but not relieved

This query is : Resolved 

Querist : Anonymous (Querist)
08 April 2021

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?

krishna mohanOnline (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.

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