I was doing a job in a district court of West Bengal. But 3 months ago I tendered my resignation but the court has not released me till now. Now I have passed a written exam of another government job. so, my question is if I get final selection and if I join the new government job, then any legal problem that I shall have to face ??? This new government job is also a state government.
Whether you have disclosed your employment in the court and applied through the proper channel is the issue. However, relieving is a normal course and you need not worry about such relieving orders unless the future employee demands that order as a condition while permitting you to take up employment.
After serving resignation & post notice period, if no communication is received from existing employer at your end, you are entitle for reliving orders. Your relieving order might be pending due to some other reasons. Please inquire in detail.
If you have disclosed your employment status for new job and due weightage of experience has been extended to you, relieving order shall be required prior to joining the new employment. Joining in new employer without relieving order shall also create problem in PF deduction where the previous employer will have to enter exit date in your EPFO UAN otherwise it may be case of double employment which is prohibited activity.
After serving notice period you are not bound to take orders from your present Employer, though you can always accommodate. In this case it is your Employer whose duty is to take hand over within the notice period, if not they are actually creating problem and not you.
Aside after tendering resignation it is your duty to serve the notice period. Do that, rest the Employer is Court, he/she better understand that after the last day of notice period you can't be ordered!
There is no mention about notice period in my appointment letter . Actually I was a process server of the court and due to extensive travel related to this job I was not able to perform my duty as I easily get tired . But problem is court /employer are thinking that I have got any other job and I am wanting to suppress this . That is why court/employer are not accepting my resignation. But actually I am jobless till now. So, my question is if I get any government job and court/employer does not accept my resignation then any problem about joining of new assignment. No PF was deducted in previous job ????
Any present employer can’t put any hurdle from resigning from job on obvious reasons especially for future career path,!without genuine reasons, the reasons may be there is/are cases pending against you. The employer had to relieve in proper manner within reasonable time. Here reasonable time factor is most important to be noted. If not, you may seek compensation on damages occurred due to unreasonable delay.
Definitely in case the Employer is casual regarding the release of his employee, the Employee can take legal recourse. The Employer cannot hold his Employee unreasonably, this may amounts to infringement of Article 23 of our Constitution.