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Yamini Rao (Team Leader)     05 February 2014

After resignation can employer term you



I need uegent help. I wanted to know if i resign in writting through an email, can my employer still terminate me legally?? if not under what section does it mention.

Please help i am in a big problem and looking for a support to challenge this in the court of law.





 2 Replies

M.S.R.Murty ( Manager (Admn))     06 February 2014

Dear Yamini Ji,

Resignation includes handing over of charges.  By  simply writing a resignation mail will not ceases the responsibility.  We suggest you properly submit your resignation and get releived from the Employment

Kumar Doab (FIN)     07 February 2014

Submit notice of resignation/resignation, whatever you have supplied by email by letter too.

If you have submitted resignation with immediate effect you have already ended the association and have separated.

If you have tendered notice of resignation then during the notice of resignation employer can terminate.

However if the termination is effected without any show cause notice with a vindictive mindset the order may prove as bad Order and may boomerang on employer.

Here you would need counsel of a good lawyer and if it is not a civil matter then let it not be a civil matter and open all fronts to drill sense into the heads.


If you have sent the letter by normal post , send a copy by redg. Post and obtain POD from PO.

In the notice of resignation/resignation or subsequent communications include that good offices of appointing authority, MD should inform you in writing by letter thru redg. post only that you should handover the charge/company property (if any issued to employee) to whom and the designated personnel should be informed with a copy to you in writing that he/she should handover the proper acknowledgment under original seal and signature on the spot.

Employee must mention that no task/assignment is pending at his end and routine duties that can be completed on daily basis within and up to last day in office, only be assigned from this date.

Demand to supply by redg. Post the acknowledgment of notice of resignation/resignation, correct FNF statement for verification by you, payment of FNF dues by bank DD only , Form 16,PF number-account slips for each year of employment, salary slip of last month and each month of employment, NOC/NDC, Notice of Determination of Gratuity ( if eligible employee can submit FormI one month before last day in office, payment certificate issued by LIC or any FI that has provided compulsory insurance ), service certificate, relieving letter………………etc. within and up to last day in office, thru Redg. Post only.



Employee may voice his concerns carefully in writing under acknowledgment so as to build favorable record in writing that may show that employer has breached the contract and trust and is uworthy of being employed with.


Employee should remain gentle and amiable while in employment.



You may show job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment and extended to your designation (certified/model), any service agreement/bond/Non Disclosure-Non Solicitation-confidentiality agreement  signed by you, to a competent and experienced labor consultant/service lawyer AS AP and proceed under the expert advice of your lawyer.



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