Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Adv. Hrishikesh Sarma (Advocate)     25 January 2016

Resignation not accepted


I am working with an US based MNC on a senior level position since last one year.

I have resigned on 4th Jan 2016 & my last working day will be 1st Feb 2016 as I have to join an another organization who is not allowing me any later date. My notice period in this present company is two months. Now my CFO has not yet accepted my resignation and is forcing me to stay in this company for two months. He is saying that he will not provide me any relieving letter before two months & he threatened me that if i didn't stay for two months he will issue a termination letter in my name. I have told him that i need to move and that i have trained my juniors with all the necessary guidelines required for my position & also provided him to complete handover document with all the file names, actionables and checklist of activities.

Now, tell me what i should do even after committedly working for more than 16-18 hrs everyday in training my next level and closing all related points. Need expert advice & guidance alongwith legal support in this regard.





 1 Replies

Kumar Doab (FIN)     25 January 2016

Did you submit in writing the notice period of 60days  in current organisation to next establishment? If yes then has it issued joining date lower than notice period mentioned by you?

Did you write in employment application that you can join within say 27days? Do you have copy of all docs submitted to next employer?


Is your next employer willing to absorb you without acceptance of resignation,service certificate,relieving letter and waive off BGV and/or accept you on the strngth of copy of notice/final resignation alone and  agree to not to terminate if past employer posts adverse comments in relieving letter/BGV? Does it agree to do so on record (in writing/audio/visual/witnessed/minuted/documented)? Have you  posted your reservations about current employer in writing to future employer e.g; non issuace of  acceptance of resignation,service certificate,relieving letter, termination,  and adverse comments in BGV?



Is notice pay in  lieu of notice period inserted in appointment letter issued to you, if employee inititaes separation by notice/resignation?

Is notice pay in  lieu of notice period inserted in appointment letter issued to you, if employer inititaes separation by termination?


Do you have evidence of everything that you have posted (audio/visual/witnessed/minuted/documented) e.g: threats to not to issue acceptance of resignation/relieving letter .....,forcing to work for 60days from date of notice served by you, termination,training to juniors,handover of charge,NO pending tasks,16-18 hrs/day work hours clocked by you etc?

In any eventuality at any time only irrefutable evidence shall stand by you!


What is this establishment: Commercial/Industrial?


Does it have its certified standing order or do Model standing orders apply? Does standing orders cover your designation?

How many persons are empoyed in it?


You are in which state?


Whats is your designation and nature of duties?


You are in which state?

Do you have power to sanction (not just recommend)  leave/appointment/termination/increment?


Can anyone cancell your recommendations?

Are you a member of any employee's/trade unions?


Is CFO your employer , appointing authority, authority to decline acceptance of resignation, terminate employment?


The resignation is personal matter and employee can communicate about it from personal email id.



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