Can company chnage resignation date?

You have posted:

------- in the title of the thread: ‘Can company chnage resignation date?’

NO.

------in the body of the post:

‘My friend resigned some time ago (software enginner ),company said to relive on 5 oct ,but suddently they are reliving him today.is it legal?’

Apparently; NO.

Did the employee tender notice of resignation with period of notice, effective date of resignation, last date in office clearly stated in it?

Or

It was resignation with immediate effect?

If the employee has erred in drafting the notice of resignation he/she may at once submit subsequent communication to god offices of appointing authority, MD and elaborate that he has submitted notice of resignation……………………..as explained to Mr/Ms…………..officials of the company.

Employee can withdraw the resignation within office hours on  its effective date, and before its acceptance……………..

>Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers

11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this  court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective

> If the company is willing to tender notice pay for the shortfall in notice period let it state so in writing.

It is prerogative of the employee to accept such offer or reject it, and ask to serve the full notice period and draw full salary and that he/she does not want to remain unemployed and have break in service for period ………………………( till he/she joins next employer).

Approach a competent and experienced labor consultant/service lawyer in person and show all docs on record. Your lawyer that has seen all docs and has analyzed your inputs can advice you the best. Let your lawyer’s opinion be final.

basically its about date of reliving

If employee is initiating separation by resignation the effective date of resignation is to be chosen by employee…………………It is prerogative of employee.

Post your response with simple information:

Did the employee tender notice of resignation with period of notice, effective date of resignation, last date in office clearly stated in it?

Or

It was resignation with immediate effect?

employee resigned on 5 aug

the manager replied as "as per terms in  emp letter u will get relived on 5 oc 2013"

suddenly they saying ,they will relive on 20 sept

Manager’s response implies:’ Notice period is 2 months’

Can you confirm:

Did the employee tender notice of resignation with period of notice, effective date of resignation, last date in office clearly stated in it?

Or

It was resignation with immediate effect?

Or it was a resignation letter without any notice period stated in it and asking the company to relieve on any date from date on resignation letter, as per sweet will of the company?

last option

but the issue is company commited 5 oct and now changing word

Once company has placed on record the application of notice period of 2 months the notice period as per bilateral agreement has been applied by company by its sweet will.

It should stand.

The employee may have to remain jobless/idle from 21^st Sept to 5^th Oct…………..

It is prerogative of the employee to accept such offer or reject it, and ask to serve the full notice period and draw full salary 

If the company is willing to tender notice pay for the shortfall in notice period let it state so in writing.

Approach a competent and experienced labor consultant/service lawyer in person and show all docs on record. Your lawyer that has seen all docs and has analyzed your inputs can advice you the best. Otherwise everyone will be just reading between the lines.Let your lawyer’s opinion be final.