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Dear Friends,

I am in urgent need of some guidance from all the HR professionals and other individuals present in the community. I met with an accident in the early week of November and was on leave. In the last week of November, HR and my line manager asked me to resign and threatened me with various consequences if I didn't resign, despite no mistake on my part.

I have submitted my resignation with the stipulated notice period as per the company policy. However, I am not interested in resigning and wish to continue with my job as my career is at stake. I have come across information online stating that according to the Supreme Court of India, an individual who has resigned but wishes to remain in the job can retract their resignation within the notice period specified by the company policy.

I kindly request all HR professionals and others to provide guidance and assistance to help me navigate this situation promptly, as my career is in jeopardy.

Regards

From India, Delhi
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Dear S,

This is an urgent matter. Take fast actions. Prepare a letter for resignation withdrawal and send a copy through Reg AD to your superior and also the HR Head. Hand-deliver the letter to your CEO and, if possible, have a discussion with him. Do not accept the final settlement check or deposit it in the account. For any further input, please let me know.

Regards, Sachin Khadilkar M - 09099001599


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Hello Saiajith,

You need to provide some additional information:

a) What is your designation? What type of job do you do?

b) Post-accident, what is your medical fitness? Will it impact your regular duties?

c) Did you inform your HR or line manager that you were in an accident? Do you have medical certificates to support this? Why didn't they consider your temporary absence due to the accident?

d) How were your relationships with HR or the Line Manager? Did HR, the Line Manager, or Management consider removing you? Taking advantage of your absence due to the accident, did they use it as a pretext for your dismissal?

Ok...

DVD

From India, Bangalore
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As per the Indian Contract Act, if the resignation (offer) has been communicated to the management, who agree (acceptance), then if the same acceptance is communicated to the resigned employee, then it is not allowed to withdraw the resignation (offer).

Hope this clarifies it for you.

From India, Pune
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Dear Dinesh Sir,

a) What is your designation? What type of job do you do? - I am an Area Sales Manager. I am in Sales.

b) Post-accident, what is your medical fitness? Will it impact your regular duties? - I am medically fit, and there has been no impact on my regular duties.

c) Did you tell your HR or line manager that you met with an accident? Do you have medical certificates to this effect? Why did they not consider your temporary absence because of this accident? - Everything was communicated to them. They considered my temporary absence.

d) How were your relations with HR or Line Manager? Did your HR or Line Manager or Management want to remove you? Taking advantage of your absence due to this accident, did they use it as a ploy for your removal? - Relations with HR and Line Manager were good; however, the Line Manager has plotted things to remove me.

From India, Delhi
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Dear Prashant Sir, I had submitted the resignation and HR has given only the receiving but no one has given me the acceptance neither in writing or verbally. Please suggest.
From India, Delhi
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In court, it would be very difficult if receiving was not accepted by management. Secondly, are they interested in continuing with you? If not, it's better to leave the organization; otherwise, you would face humiliation at every moment.
From India, Pune
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Sir,

I agree with you; however, as per my understanding, receiving and acceptance are two different things, aren't they?

For your second question: I am not sure about their intentions, but what I am clear and sure of is that my career is at stake.

From India, Delhi
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Hi All, I have a query, is it possible for an employer to terminate an employee on the grounds of absconding without atcually giving the registered notice to the employee.
From India, Hyderabad
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Dear Sir,

In case the employee who is a workman or supervisor to whom model standing orders apply is absconding, the employer has to issue a show-cause notice. After any explanation, if received and found satisfactory, no issue arises. However, if the explanation is not satisfactory, the employer has to issue a charge sheet. An enquiry must be conducted by sending notices to the employee's local and permanent address. Efforts should be made to serve the workman notice of the enquiry. Alternatively, the chargesheet and notice of the enquiry can be published in a newspaper. Following this, an ex parte enquiry should be conducted after the findings of an independent enquiry officer are received. Termination may ensue after sending a copy of the findings to the concerned workman. This procedure must be followed.

From India, Pune
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