Employer not accepting my resignation

The last (and all) pay slip, offer letter and the resignation letter, all are personal documents of employee, and can be shared/submitted as per sweet will of employee.

You may submit notice of resignation, mentioning notice period and LWD in it, by letter thru Redg. Post.

You can download POD from Indiapost website and also obtain POD from Sub Postmaster (without any cost) and certified copy of runsheet of postman, against a fee (Rs.10/-) and even by RTI.

You can also submit notice of resignation at any software tool, mentioning that you have submitted by letter also on dated………………… and download the screenshots/printouts etc

 

You may address the notice of resignation to good offices of appointing authority, MD.

The notice period of 90 days may not be necessarily applicable in your case.

Why the Manager is declining to accept the resignation?

Is your manager the employer/appointing authority/MD/owner?

In what capacity he has declined to accept and relieve and/or by which clause of appointment letter/service rules etc?

What is this establishment; Commercial, Industrial?

What is its line of business?

The Redg. Office, HO/Corporate office, your office/reporting office is located in which state?

What is your designation and nature of duties?

How many persons were reported to you?

Did you have any power to sanction (not just to recommend) leave/increment/appoint/terminate?

For how many months you have worked?

How many persons are employed in company?

 

Do Model Standing Orders/Certified Standing Orders apply to establishment and your designation?

Do you have copy of Certified Standing Orders?

Is next employer willing (in writing) to absorb you on the strength of copy of last pay slip, offer letter and the resignation letter, only, as an employment proof?

Has it not mentioned ( in writing) the requirement of acceptance of resignation, service certificate, relieving letter, to you? 

Have you tendered your resignation i.e. send the resignation through official email or registered/ speed post with proof of acknowledgement. If not, please do that. Also mention in that said resignatio letter that you are ready to serve the 3 months notice period as mentioned in your letter of appointment.  

Thereafter, let your boss reject it in writing. If he does that he has to give grounds while rejecting. 

Generally an employer cannot hold an employee unless there is any pending domestic enquiry against him. 

So take the first step by sending the resignation through offical email/ registered or speed post. make sure you keep an acknowledgment of such communication for future reference. 

Dear all thanks for your comments. I'm working as an AGM finance and report to finance director and MD. Have given my resignation over official mail and have copy of the same available with me. Everyone is aware of my resignation. They r only not accepting it. New employers always ask for release letter. In this case also they are asking the same. So my concern is what can i do in this condition? I don't want to spoil my career. So is there authority or portal where i can complain to save my back? Just to add Im with the company for 3 years,have not signed any bond of service period with my employer, don't have any dues for which they can hold me back.I need to know the steps which i might have to take going forward.

Official email id can be blocked any time.

Resignation is personal matter.

Forward official email to personal email (if there are no issues) and submit email trail from personal email id or print and attach the email and submit from personal email id or attach printout with letter and submit by Redg. Post.

The employee has severed employer-employee relationship the moment employee has resigned.

You have not replied to all points, pointwise.

e.g; Why the Manager is declining to accept the resignation?

Is your manager the employer/appointing authority/MD/owner?

In what capacity he has declined to accept and relieve and/or by which clause of appointment letter/service rules etc?

 

Hi Kumar, I have taken a backup of all the mails in my personal I'd. Have kept a copy of the same. I report to the Finance Director who's not the owner but do have say on the hiring/ termination of employees. The only reason why he is declining my registration is lack of resources. I know it's completely against the labour law and appointment terms. So please suggest my course of action. By the way you have mentioned "owner/ MD" in your comment. Is there any chance that they can reject my resignation if approached and force me to continue with them?

Hi Kumar, I have taken a backup of all the mails in my personal id. Have kept a copy of the same. I report to the Finance Director who's not the owner but do have say on the hiring/ termination of employees. The only reason why he is declining my registration is lack of resources. I know it's completely against the labour law and appointment terms. So please suggest my course of action. By the way you have mentioned "owner/ MD" in your comment. Is there any chance that they can reject my resignation if approached and force me to continue with them?

Since you have submitted resignation through official email and have proof of it, then you have a good case. 

Please clarify whether the company has mentioned this "The only reason why he is declining my registration is lack of resources." writing or it is just your interpretation. If the company does not refuse/ reject your resignation in writing with reasonable ground then your resignation shall be deemed to be accepted. 

It is immaterial to whom you address the resignation as long as the name and address of the company is mentioned correctly. None can reject your resignation on unreasonable ground. 

Simply serve your notice period of 3 months and then stop going to office and ask for full and final settlement. 

Since your position is AGM (not sure about your nature of job though),  I am afraid that you will not be covered under the labour laws primarily Industrial Disputes Act

You have not replied to all points, point wise.

It is not responsibility of that is separating to provide his/her replacement.

Employee by its own sweet will has deemed 90days notice sufficient to complete exit formalities including but not limited to replacement, training/familiarization, handover etc.

Since your manager is troubling it is desirable that you may keep the good offices of employer/owner/MD in loop and/or make them a party.

Later it shall help you.

So address the resignation to good offices and escalate, if required, to MD.

Forced or bondage is out of question, until you are subdued.

Servant shall choose the master.

Resignation is personal matter.

Mention that you have tendered notice as per clause number ………………of appointment letter dated…………issued to you………….and NO Tasks are pending at your end and routine duties be assigned that can be completed within and upto LWD and to whom you should handover the charge and exit formalities if any e completed within and upto LWD and acknowledgment and acceptance of notice/final resignation, correct FnF statement and payouts, Form 16 as per correct FnF statement, service certificate, relieving letter, acknowledgment of handover of charge/assets, NOC/NDC etc be supplied within and upto LWD…….

 

Draft in your own language.

Remain gentle and amiable.

 

 

 

 

 

You may take next employer in confidence so that it absorbs you despite harassment that you apprehend from current boss.

Dear all, thanks a lot for the inputs. Please suggest in worst case is there any legal action which i can take or is any any forum like Consumer Forum where i can log my complain?

Dear all,thanks for your inputs. Please suggest to save my back if there is any legal action which i might have to take or of there is any forum like consumers forum etc where i can log my complaint in worst case.

What would you do in consumer Forum, for this matter?

You have not replied to all points, point wise.

Employee can be solve such matters by applying his/her own skills; persuasion, persistence, reasoning, negotiation

Or with support of employee’s/trade unions

Or with support of a very able counsel specializing in Labor/Service matters

Or by approaching appropriate forum e.g; labor Authorities, court of law…..

 

At the moment your issue as per your posts and online discussions seems to be that your boss has declined to relieve you since NO resource or replacement is available to him.

You are apprehending some action and harassment.

It  has been suggested that you may build irrefutable written record while in employment, and also take your next employer in confidence so that is supports you and  takes you in employment on the strength of copy of resignation, proof of its dispatch only if  NO other document as explained in previous post is made available to you.

 

Now what exactly are your apprehensions?

Would your next employer absorb you without relieving letter?

Can you arrange a resource or replacement to the level of satisfaction of your boss, while you are serving your notice period?

 

 

 

 

 

 

Dear Sir,

I have selected in Gov. Job, and they give me very sort time to join, only 15 days ,but my existing company not ready to give reliving letter and NOC. My company's notice period is 60 days and I am ready to buyout my notice period from my salary. but they decline my resignation request. Can I join Gov. job with my three month salary slip,Bank statment, previous company joining letter and my resignation mail copy ? Please suggest me any one because of it is the qestion my survival.

Regards,

D K Dhiraj