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Pratap neelala   15 April 2021

Non Acceptance of Resignation

Dear Sir,

My current employer asking me to take back my resignation and demanding me to work for some more time in the organisation. However, I have to join my new employer on 5th of may, 2021. I have already sent a resignation mail and haven't received any official reply. Can you please suggest me the best course of action.

As per the company policy, I have to serve 1 month notice period and as per that my LWD will be on 6th of May. What happens if my current employer gives the negative feedback in BGV process if I still stand on my decision to leave the company.


Learning

 6 Replies

Pradipta Nath (Advocate)     15 April 2021

Do as per your Appointment Letter states. If it states that you need to serve one month notice, do it accordingly.

1 Like

yasaswi gomes (.)     15 April 2021

Not not that, it must also state that you will be there n lieu of one months salary if you quit without notice. If it is not there, ask your new employer if you can  abscond. If they say it is fine, then leave the company. Or else the new employer will give you permission to serve notice period.

1 Like

Pratap neelala   15 April 2021

Dear Pradipta and Yasaswi,

Thanks for your response, as per company policy I am serving the one month notice period and stated the same in the resignation mail. But the HR forcibly asking me to take back the resignation and work for some time in this organisation.

I don't think my new employer can suggest me to abscond, since they have already initiated the employment BGV by third party.

yasaswi gomes (.)     15 April 2021

Ok. Sometimes, the organisation likes your work and could have recommended you to stay with them. I don’t see anything wrong. At the same time, when you are serving your notice period, there is no legal enforceability that you have to stay back once you have notified through an email. 

1 Like

Sakthivelu Ramanujam   16 April 2021

@pratap neelala
on giving a 1 month notice the hr has no right to force you to take it back...don't worry about bgv of new company ..they won't decide by one day report or negative feedback...they will go through all your appraisals ...don't worry

Pratap neelala   16 April 2021

Thanks Very Much Ramanujan Sir, This positive feedback made me relaxed.

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