ARUN PRASAD 22 October 2018

Employer not accepting my resignation

Hello, I working in a private organization. My boss is not accepting my resignation and he is threatening me as that they will not give my relieving letter and experience certificate even though I had 2 months of notice period as per appointment. Letter and also i agree to serve my notice period. my query is even if i serve my notice period, is there any chance that my company can hold my resignation? in that case what should i do.? Please note that out HR is of no use. There is no bond of 3 years to work in this company for me. now they are telling that should serve 3 years in same company. Whether could I move under right to information act (RTI) to get Relieving order and experience certificate.

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(Guest)

As you are employed in a private company, the RTI law will not apply. No one can compel you to stay against your will in an organization, if you don't want to. If your boss does not want to accept your resignation, you are obliged to ask for a written explanation as to his peculiar conduct.

Send an e-mail to him giving him reasonable notice of two weeks time to find a replacement for you. From your side, the formalities are complete from the time you give him prior notice. If he does not give you the experience letter, that's fine; however he is bound to give you the release letter & your last payslip/paycheck, including all/any outstanding amounts due to you as arrears from the previous months. If that still does not work, send him a legal notice. That is sure to give him jittery feet & make him think twice about restraining you from leaving your job.