Vikas (Sr Executive) 22 February 2011

didnt accept my resignation

Hi,

I have resigned from my earlier organization with short notice(6 Day) in Nov 2010 but they didnt accept my resignation and also not provided expirience certificate.

while i have joined other organization.

can I file case for that,

while as per company policy if employee not serving notice period then he can pay for notice period. but company didnt accept resignation or not make termination till now and tey are asking while your resignation will accept then they will proceed for further.

Please suggest

Tx & rgds

Vikas

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2 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 22 February 2011

you may send a letter indicating your resignation letter to the company by registered A.D.,

then to send a notice outstandings if any and also to give a salary certificate for the same.

you shall specify in your resignation date of joining and date of leaving.

Regards

Kirti Kar Tripathi (lawyer) 23 February 2011

IF THEY DO NOT ACCEPT YOUR RESIGNATION NOR TERMINATE YOUR SERVICES, YOU CANNOT COMPEL THEM TO DO SO. HOWEVER, YOU HAVE A RIGHT NOT TO WORK FOR THEM. AT THE MOST THEY CAN WITHHELD YOUR EXPERENCE CERTIFICATE, WHICH THEY CAN WITHHELD EVEN AFTER ACCEPTING YOUR RESIGNATION. YOU CAN NOT DO ANYTHING EXCEPT TO GO FOR LITIGATION, WHICH I THINK NOT IN YOUR INTEREST. MY ADVISE IS TO EXPLAIN YOU POSITION TO YOUR NEW EMPLOYER AND CONTINUE YOUR EMPLOYMENT PEACEFULLY AND NOT TO INDULGE IN ANY LITIGATION.