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sobhandutta   26 May 2015

Employer not accepting resignation and not releasing

I have a notice period of 1 month with my current employer (US Based startup newly started in India) and I have resigned from my company and expecting to get released by next 1 month after serving due 1 month notice period.
My employer is not accepting my resignation and not giving final release date .
I checked the offer letter and see that one of the clauses of termination is that "Notwithstanding anything aforesaid termination by you shall be subject to the satisfactory completion of all your existing duties, obligations and projects."
My question is, can the company delay the acceptance of my resignation and my subsequest release using the above clause.??

Can I seek legal recourse against the company for not releasing on time.

How to get release properly in this case??


 4 Replies

Kumar Doab (FIN)     26 May 2015

The resignation/notice is tendered by you hence relieving daste shall be issued by you and not employer.



Hope you have copy of the notice of resignation, proof of disptach and delivery.


Subsequent to notice you may submit written communications addressed to appointing auhtoirty/MD, under proper acknowledgment preferably by letter thru Redgf. Post……………………………(It being personal matter can be communicated from personal email id also………………..) and mentiont hat NO tasks are pending at your end as on date and routine duties be assigned that can be completed on day to day basis within and upto expiry of notice period tenderd by you i.e dated……………..vide notice of resignation dated…………………….(vide clause no………….in appointment letter dated…………issued to you) and you should be informed to whom you should handover the charge within and upto  within and upto expiry of notice period tenderd by you i.e dated……………..against proper acknowledgment on the spot………………..and neccesary arrangments be made to supply by Redg. Post only to you the acknowledgment of notice of resignation,acceptance of resignation, correct FnF statement showing earned wages/Bonus/OT/Gratuity/Leave encashment etc , payment of FnF wages by bank DD,Form 16 as per correct FnF statement,service certificate,Relieving letter,NOC/NDC etc within and upto close of office hours on dated……………..(LWD).



You should provide full information!

What is this establishment: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many persons are employed in it?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Since how many months you are working with it?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?

Does company have its CO (certified standing Orders) and is your designation covered by CO? Or do Model Standing Orders apply to it?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment, and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?



Sandeep Hegde(89 717 84 550) (Advocate)     26 May 2015

Send resignation letter through email. And state the last working day of as per employment agreement quoting the relavent clause.

sobhandutta   26 May 2015

Employer  have assigned some tasks to me to me and are ready to release me only when it is complete .The completion of the task they assessed will take 1.5 months  even though my notice period ends in next 15 days.They are stating this clause as valid to hold me back in offer letter.

"Notwithstanding anything aforesaid termination by you shall be subject to the satisfactory completion of all your existing duties, obligations and projects."

Kumar Doab (FIN)     26 May 2015

You have not replied pointwise to all points.

You may also post the extract of the clause on Termination/Notice/resignation.

Does employer also agree to grant indefinite time with wages  till employee has found suitable employment in case the termination is initiated by employer.

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