Company not relieving me despite resignation and ready to sd

You must have seen this clause while signed on the dotted line, willfully.

Employee should always consult elders in the family, competent and experienced well wishers, trade union leaders, lawyer/law firm before signing a document in haste.

>> Notice period in probation period is ideally NIL as employee does not have any lien on position/appointment.

However employee should always avoid abrupt termination and co operate for exit formalities……………………….and thus should not leave any room for the employment o level charge that some loss has been caused by employee………….

Once the employee has tendered the notice of resignation it is duty of employer to inform the employee to whom he/she should handover the charge and assign replacement for training………………

You may address your notice of resignation to good offices of your appointing authority, MD and may add in it or by subsequent communication, that the details of the employee designated as your replacement/to whom you should handover the charge be informed to you immediately in writing…………..

You may also add that as on date no task is pending at your end and routine duties be assigned to you that can be completed on daily basis within and up to expiry of notice tendered by you.

The charge can be handed over to HOD or any other employee designated by employer.

While you train a replacement you may submit daily reports on training, Knowledge, transferred and tasks performed by replacement employee successfully……………..and keep copies and record to prove that KT was successful…………………….

The logic of handover of charge/company property and KT up to an extent seems reasonable however ‘satisfaction of client’ seems to be unreasonable.

It is felt that client is no one to pass any certificate.

>> Your manager may not be your employer and may not have any power to accept/reject resignation, assign replacement……………………..etc

Your manager may have some say if he/she is declared as ‘Manager’/’Occupier’ as per Shops and Commercial Establishments Act applicable to the state/Factory Act………..

You may look into the registration certificate displayed by employer in your office near entrance/notice board…………….( at its registered office and not of client)

You may also check if employer has displayed the standing orders near entrance/notice board………………( at its registered office and not of client)

Notice period is conceived by employer looking into its long term goals, type and kind of trade and business it is engaged into, agreements it has to/ or it has signed with its clients etc…………….

Notice period is part of service conditions and employee should carefully look into the service conditions and negotiate service conditions before accepting the offer of appointment.

>> What is this establishment: Industrial or Commercial?

You and redg. office/HO of the company is located in which state?


Do the standing orders (certified/Model) apply to the establishment and does company have its Certified Standing Orders?
Since how long you are working with the company?


Other issues to be explored are whether you would be covered as ‘Workman’ as stated in ID Act or as ‘Employee’ as stated in Shops and Commercial Establishments Act applicable to the state?

Your labor consultant/service lawyer may ask you a set of structured question and may opine that you would be covered or not.
Designation alone does not decide employee would be covered or not.

In absence of coverage under these enactments, the notice period should be as per advertisement calling for job applications, letter of appointment/employment agreement, service rules…………………..

If the task of the employee that has resigned are not properly handed over due to which employer may suffer financial or some other loss and the employee is unwilling to indemnify the employer then the employee may ask the employee to serve full notice period.

>> Similar issues have been discussed in many threads e.g;

https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.Une28_uo1oo

You may go thru these and may find these relevant.

It shall be appropriate to show all of your docs to a competent and experienced labor consultant/service lawyer and give inputs in person. The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.

Hi Kumar,

Thankyou for your answer. I work for a servise based software company (i.e my company sends us as consultants to work with the client). My manager is my employer since he is the CEO of my company. Further, My office is situated in Bangalore.

It is obvious that an employee shall submit notice of resignation when he has decided to join another venture.

The 2 months long period is sufficient for the employer to put his house in order.

You should have stated in notice of resignation (and even now in subsequent communications) that you have not been informed till date who shall be your replacement and it should e done at once and KT is to be completed in notice period of 2 months only and 2 months is not a small period.

Transfer the onus on employer.

If no one amongst employees is available then charge can be handed over to HOD or employer.

Rather employer should on its come forward to take charge and later charge can be handed overt to replacement designated b employer.

This is a mater of common sense and does not require a decision from apex court.

It is not Da Vinci Code.

Karnataka Shops and Commercial Establishments Act should be applicable to your establishment. Your lawyer can opine you would be covered as employee in the act or not.

You may go thru:

2(g) (h), 39 and

39(7) : The terms stated in appointment letter issued to you are detrimental to you and beneficial to employer.

Would the employer agree and has it stated in appointment letter, to keep employee on rolls and continue to pay wages till employee finds another employment to his level of satisfaction if employer has notice of termination?

Contract of employment should promote equitable discretion.

Any policy in the larger interest and beneficial to both employer and the employee has the sanction of law as otherwise it will be easily termed as arbitrary.

It is general law that whenever there is any ambiguity in terms of contract then benefit of doubt will given to party who don’t make the contract (Read Employee).



The clause as stated by you is detrimental to your interest and beneficial for employer and easily be termed arbitrary.

IT employees unions in Karnataka have done good jobs.

Trade unions are willing to embrace the IT employees.

Attached.