Dipjoy Das 23 August 2021

Non acceptance of resignation.

I have resigned through official email to my manager dated 7th Aug 2021 with due notice period of 30 days as per my appointment letter clause and asked to be released by 6th sep 2021. But he replied as not accepted without any reason. Again I replied on the same mail after discussion with my HR on my final decision to resign and requested to get released on or before 20th Aug 2021 as my final working day. Again he replied as rejected and not allowed but with no reason.
I escalated the mail to zonal level heads of my department as well as HR highlighting the terms of resignation in my appointment letter which says 30 days notice or salary in lieu of such notice period from either party. My both proposal to serve full notice or early discharge has been denied in writing but without any reason.
Now they have stopped communicating and when I called my manager he said to talk to HR and when I called HR, he says you have to serve the notice period then you will get the acknowledgement soft copy at the end, which I am not sure.
Now I have to join a new company at the earliest, how should I get the acceptance of my resignation as I am not getting any written acceptance of my resignation or acknowledgement of last working day, as I need to submit it to my new employer for joining.

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5 Replies

Dr J C Vashista (Advocate) 24 August 2021

You have already taken steps / communication in terms of your appointment letter, hence you may join new assignment.

Best wishes

Dipjoy Das 24 August 2021

Thanks for your suggestion but my new employer is asking for a resignation acceptance from previous employer, which they are not providing.

G.L.N. Prasad (Retired employee.) 24 August 2021

Issue a Regd. Legal notice to the first employer through an advocate, enclose the same with a notarized affidavit to a new employer that employer is not relieving you and the certificate will be submitted as expeditiously as possible with regular follow-up.

sonam ranjan 02 September 2021

No company can force their employee to work without their own concern. You have given a registration letter and completed all the formalities. then you can leave the company after serving the notice period or not. But any company will ask for the previous resignation letter, salary slip, experience letter, etc.

Mahi 09 September 2021

The actions taken by you to comply the applointment letter conditions are sufficient , wether they accept or no, you have full rights to join new job, no employer can force any employee against his/her will to continue his work i.e forced employment is banned in India( even paying wages but employment is againt the volunatry will of employee is not permitted in India)