Hi,
Attention: lengthy text, patience needed :).
Due to some personal reasons, I (deputed at client location - contractual employee) wish to resign from my company (govt institution). So, I sent the resignation notice via email on 03 January 2016 to My FLA (First Level Authority) cc to HR Head & SLA. After going through the clause in my appointment letter, I resent the notice via speed post on 09 January 2016 (though I will resend via registered post AD!).
Now the FLA is not replying back to the email. I kept on sending the reminders every second day, but till date (23 Jan 2016), I got no reply. I contacted him via telephone. For the initial 10 days, he simply stated that he will not relieve me, and I have to work for at least 1 more year, and he does not care about the emails. He even suggested me to try sending the mail to the Director of the company. He also stated that on background check verification, he will give a negative review + he will not allow the issuing of resignation/experience letter.
The similar thing they did to my colleague, and my colleague got scared and took back his resignation (so he started a trend!).
I contacted my SLA via phone. SLA instructed me to discuss with FLA, and HR Head says (on the phone) that I need to convince both of them to get a proper relieving letter & experience certificate.
Some important clauses in my contract:
1. If you accept this offer, you will not apply for study, scholarship, or a job elsewhere without the written consent from <company name>.
2. <Company Name> reserves the right to close the contract and terminate your services by giving 30 days' notice or 30 days' salary in lieu thereof without assigning any reason.
3. If you wish to resign, you'll be required to give 30 days' prior notice in writing. In case of a shortfall in the writing period, the Centre at its discretion may permit you to make up for the shortfall by paying an amount equal to salary in lieu of the shortfall.
<no special clause for the client location>
I guess I am breaching the first clause as I have given an interview to a company and also gave an entrance exam for study (till now not informed to FLA) while I am employed in my present company, but I think it is normal.
I am presently at a client location but handling work at both the client and headquarters. If I leave, then obviously, my well-settled FLA has to personally come for my replacement at the client side with his family + kids as there is already a low employee count. Also, due to financial constraints, cannot hire my substitute in the near future. Hence, the "convincing the FLA" part is now out of the question.
Resigning Formality is very lengthy (takes 2 days: signing clearance from stores, return laptop, finance, HR dept. etc.), but formality is initiated after FLA signs. Also, since it is an IT company, TOT is a vital part, and since there is no reply from management, so I cannot give TOT to anyone.
So I guess I will go back to the company headquarters on 31 Jan 2016 to have a face-to-face discussion (client-side work may suffer) with management. If they refuse to provide proper relieving, then I will inform the director of the company (forward the entire mail trail) & stop attending the office from 02 Feb 2016. Wait for 1/2 month & contacting HR then afterwards file a case in the labor court for a relieving letter.
It seems like I am a bonded labor or maybe my employee wants to hold the ground till the last moment ;) The core question is Can I resign if I wish to resign? Is my course of action valid in the court of law?
Any suggestions will be highly appreciated. Eagerly awaiting your replies.
From India, Delhi
Acknowledge(0)
Amend(0)
Attention: lengthy text, patience needed :).
Due to some personal reasons, I (deputed at client location - contractual employee) wish to resign from my company (govt institution). So, I sent the resignation notice via email on 03 January 2016 to My FLA (First Level Authority) cc to HR Head & SLA. After going through the clause in my appointment letter, I resent the notice via speed post on 09 January 2016 (though I will resend via registered post AD!).
Now the FLA is not replying back to the email. I kept on sending the reminders every second day, but till date (23 Jan 2016), I got no reply. I contacted him via telephone. For the initial 10 days, he simply stated that he will not relieve me, and I have to work for at least 1 more year, and he does not care about the emails. He even suggested me to try sending the mail to the Director of the company. He also stated that on background check verification, he will give a negative review + he will not allow the issuing of resignation/experience letter.
The similar thing they did to my colleague, and my colleague got scared and took back his resignation (so he started a trend!).
I contacted my SLA via phone. SLA instructed me to discuss with FLA, and HR Head says (on the phone) that I need to convince both of them to get a proper relieving letter & experience certificate.
Some important clauses in my contract:
1. If you accept this offer, you will not apply for study, scholarship, or a job elsewhere without the written consent from <company name>.
2. <Company Name> reserves the right to close the contract and terminate your services by giving 30 days' notice or 30 days' salary in lieu thereof without assigning any reason.
3. If you wish to resign, you'll be required to give 30 days' prior notice in writing. In case of a shortfall in the writing period, the Centre at its discretion may permit you to make up for the shortfall by paying an amount equal to salary in lieu of the shortfall.
<no special clause for the client location>
I guess I am breaching the first clause as I have given an interview to a company and also gave an entrance exam for study (till now not informed to FLA) while I am employed in my present company, but I think it is normal.
I am presently at a client location but handling work at both the client and headquarters. If I leave, then obviously, my well-settled FLA has to personally come for my replacement at the client side with his family + kids as there is already a low employee count. Also, due to financial constraints, cannot hire my substitute in the near future. Hence, the "convincing the FLA" part is now out of the question.
Resigning Formality is very lengthy (takes 2 days: signing clearance from stores, return laptop, finance, HR dept. etc.), but formality is initiated after FLA signs. Also, since it is an IT company, TOT is a vital part, and since there is no reply from management, so I cannot give TOT to anyone.
So I guess I will go back to the company headquarters on 31 Jan 2016 to have a face-to-face discussion (client-side work may suffer) with management. If they refuse to provide proper relieving, then I will inform the director of the company (forward the entire mail trail) & stop attending the office from 02 Feb 2016. Wait for 1/2 month & contacting HR then afterwards file a case in the labor court for a relieving letter.
It seems like I am a bonded labor or maybe my employee wants to hold the ground till the last moment ;) The core question is Can I resign if I wish to resign? Is my course of action valid in the court of law?
Any suggestions will be highly appreciated. Eagerly awaiting your replies.
From India, Delhi
Acknowledge(0)Amend(0)
Wrong approach! You seemed to have addressed your resignation to the FLA, who may not be competent to accept your resignation.
Address your resignation notice to the appointing authority, write the words "THROUGH PROPER CHANNEL" below the address of your appointing authority on the resignation notice, endorse a copy directly to your appointing authority, and send it to your FLA for onward forwarding of your notice. If he withholds your resignation notice, he can be held responsible for not discharging his duty in sending your notice to your appointing authority.
From India, Delhi
Acknowledge(0)Amend(0)
394Address your resignation notice to the appointing authority, write the words "THROUGH PROPER CHANNEL" below the address of your appointing authority on the resignation notice, endorse a copy directly to your appointing authority, and send it to your FLA for onward forwarding of your notice. If he withholds your resignation notice, he can be held responsible for not discharging his duty in sending your notice to your appointing authority.
From India, Delhi
Acknowledge(0)Amend(0)
@psdhingra , Thank you very much for a quick reply. I had sent the signed copy of following letter to my FLA,SLA & HR Head.
Date: 09-01-2016
Dr. ABC DEF , The Executive Director,<Organization>
Mr. JHI JKL, HOD , <Deptt.>, <Organization>
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as <Designation> at <Organization>. I have
taken this decision after through deliberation and assessment and I believe it is in my best
interest to move on. I am grateful to <Organization> for providing me an excellent opportunity during
my tenure since 20XX.
I am proud to have been part of <Organization> family and I will cherish the memories I had along the
Kindly relieve me from my duties by 2nd February 2016.
Yours’ sincerely,
XYZ PQR
Emp ID:XXXXXX
From India, Delhi
Acknowledge(0)Amend(0)
Date: 09-01-2016
Dr. ABC DEF , The Executive Director,<Organization>
Mr. JHI JKL, HOD , <Deptt.>, <Organization>
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as <Designation> at <Organization>. I have
taken this decision after through deliberation and assessment and I believe it is in my best
interest to move on. I am grateful to <Organization> for providing me an excellent opportunity during
my tenure since 20XX.
I am proud to have been part of <Organization> family and I will cherish the memories I had along the
Kindly relieve me from my duties by 2nd February 2016.
Yours’ sincerely,
XYZ PQR
Emp ID:XXXXXX
From India, Delhi
Acknowledge(0)Amend(0)
@psdhingra , Thank you very much for a quick reply. Please ignore my previous reply, I had sent the signed copy of following letter to my FLA,SLA & HR Head.
Date: 09-01-2016
Dr. ABC DEF , The Executive Director, "Organization,City"
Mr. JHI JKL, HOD , "Department Name" , "Organization,City"
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as "Designation" at "Organization,City". I have
taken this decision after through deliberation and assessment and I believe it is in my best
interest to move on. I am grateful to for providing me an excellent opportunity during
my tenure since 20XX.
I am proud to have been part of "Organization" family and I will cherish the memories I had along the
Kindly relieve me from my duties by 2nd February 2016.
Yours’ sincerely,
XYZ PQR
Emp ID:XXXXXX
From India, Delhi
Acknowledge(0)Amend(0)
Date: 09-01-2016
Dr. ABC DEF , The Executive Director, "Organization,City"
Mr. JHI JKL, HOD , "Department Name" , "Organization,City"
Mr. MNO KJL
Subject: Resignation Letter
Please accept this letter as my formal resignation as "Designation" at "Organization,City". I have
taken this decision after through deliberation and assessment and I believe it is in my best
interest to move on. I am grateful to for providing me an excellent opportunity during
my tenure since 20XX.
I am proud to have been part of "Organization" family and I will cherish the memories I had along the
Kindly relieve me from my duties by 2nd February 2016.
Yours’ sincerely,
XYZ PQR
Emp ID:XXXXXX
From India, Delhi
Acknowledge(0)Amend(0)
An employee can resign from their job without working a notice period if it is mentioned in the offer letter as a 15-day notice period during probation. Can the employer charge any fine on the employee if they resign in this situation?
From India, undefined
Acknowledge(0)Amend(0)
From India, undefined
Acknowledge(0)Amend(0)
You have quoted 3 conditions of the appointment letter.
The first condition suffers from the absence of consideration. It is not valid. As rightly stated by you, you are not a bonded laborer of the company, as implied in this appointment letter clause.
The second condition is normal, as is the third condition. It is at the discretion of the company whether to accept payment in lieu of service or require you to work (attend the office) for 30 days.
The only issue here is that they have threatened you with negative feedback in the case of a referral by your new employer. If you can handle that part, you may as well leave after serving your notice period.
From India, Pune
Acknowledge(0)Amend(0)
The first condition suffers from the absence of consideration. It is not valid. As rightly stated by you, you are not a bonded laborer of the company, as implied in this appointment letter clause.
The second condition is normal, as is the third condition. It is at the discretion of the company whether to accept payment in lieu of service or require you to work (attend the office) for 30 days.
The only issue here is that they have threatened you with negative feedback in the case of a referral by your new employer. If you can handle that part, you may as well leave after serving your notice period.
From India, Pune
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
EMPLOYMENT PROCESS.ppt
Legal Clarification on Negative Covenants in Employment Agreements.pdf