My Employer is not accepting my resignation even on giving Notice Period on the context that I am in a midst of a Project. Threatening to issue a Legal Notice, if I did not withdraw my resignation. What do I do?
From India, Bangalore
From India, Bangalore
Sorry, but I find this very funny.
Your employer is obviously immature and not suited to do business.
Even if someone manages to keep an unhappy employee on the job, the damage the employee could do to a live project is horrendous !
I hope you have :
1. Given notice of resignation in writing
2. Clearly written your intend to serve notice period
3. Got acknowledgement or proof of delivery of the resignation
4. Got a reply that refuses to accept or threatens
I also assume that there is no bond requiring you to serve a certain period of time which is still pending.
If you have given a resignation, the company can not refuse to accept it. Eventually he has to release you. He has not choice. Only ground available is inadequate notice. If you have served adequate notice, then he has no option but to release you. If the notice period is over, send a mail and a letter asking him to assign a person for you to hand over. If the notice period is not over, a week from end of notice period, you need to send him a reminder if your last day and asking him to let u know to whom you are required to give your hand over.
You can reply to his mail that you are not willing to take back the resignation and that you will not continue to work after notice period.
He can not initiate legal notice for resigning with notice. Even if he does, the courts will throw it out, with costs.
However be prepared for the following :
- he will not give you your last salary and settlement
- he will not give experience letter and will give a bad feedback in case of a background reference check
You will have to be ready to fight for your salary (or forget about it and move ahead) by taking the owl route
From India, Mumbai
2392Your employer is obviously immature and not suited to do business.
Even if someone manages to keep an unhappy employee on the job, the damage the employee could do to a live project is horrendous !
I hope you have :
1. Given notice of resignation in writing
2. Clearly written your intend to serve notice period
3. Got acknowledgement or proof of delivery of the resignation
4. Got a reply that refuses to accept or threatens
I also assume that there is no bond requiring you to serve a certain period of time which is still pending.
If you have given a resignation, the company can not refuse to accept it. Eventually he has to release you. He has not choice. Only ground available is inadequate notice. If you have served adequate notice, then he has no option but to release you. If the notice period is over, send a mail and a letter asking him to assign a person for you to hand over. If the notice period is not over, a week from end of notice period, you need to send him a reminder if your last day and asking him to let u know to whom you are required to give your hand over.
You can reply to his mail that you are not willing to take back the resignation and that you will not continue to work after notice period.
He can not initiate legal notice for resigning with notice. Even if he does, the courts will throw it out, with costs.
However be prepared for the following :
- he will not give you your last salary and settlement
- he will not give experience letter and will give a bad feedback in case of a background reference check
You will have to be ready to fight for your salary (or forget about it and move ahead) by taking the owl route
From India, Mumbai
Hi Sonali,
Just wanted to know if they have mentioned anything in your offer letter regarding resignation or termination, ie concerning the minimum lock in period for service . If not then you may send a reminder to the company also with a clear mention to nominate a person to take over your charge. You can also mention in your reminder that if no response is received, the resignation would be treated as effective to be relieved of the responsibilities of the company from the due date of resignation at the risk and responsibility of the company, itself.
This will shield you against any future problem.
Regards
Anita
From India, Mumbai
Just wanted to know if they have mentioned anything in your offer letter regarding resignation or termination, ie concerning the minimum lock in period for service . If not then you may send a reminder to the company also with a clear mention to nominate a person to take over your charge. You can also mention in your reminder that if no response is received, the resignation would be treated as effective to be relieved of the responsibilities of the company from the due date of resignation at the risk and responsibility of the company, itself.
This will shield you against any future problem.
Regards
Anita
From India, Mumbai
Dear Sonali,
Have you signed a bond agreement in lieu of any special training to inhance your skill level imparted to you by the Management on their own expences. If yes this would be the only scenario wherein your employer can take any legal action against you otherwise in a relationship of employee and employer no forced employment is sustanable in the eye of law.
Please reply to the thread as to if you have signed any bond or not. Otherwise in my opinion you are free to resign and if you are also willing to serve the notice period agreed in the appointment letter there is nothing better like that. If they force you to work or threaten you to spoil your career you can complain against your employer before Local Labour Commissioner. This in our technical term can called unfair labour practices, which are very much illegal and are punishable by jail term and fine both.
The Apex court has ruled many judgments very clearly on the above issue and you must not worry and must not succumb to the undue and illegal pressure built by the management.
Stand tall and fight for your right.
From India, New Delhi
Have you signed a bond agreement in lieu of any special training to inhance your skill level imparted to you by the Management on their own expences. If yes this would be the only scenario wherein your employer can take any legal action against you otherwise in a relationship of employee and employer no forced employment is sustanable in the eye of law.
Please reply to the thread as to if you have signed any bond or not. Otherwise in my opinion you are free to resign and if you are also willing to serve the notice period agreed in the appointment letter there is nothing better like that. If they force you to work or threaten you to spoil your career you can complain against your employer before Local Labour Commissioner. This in our technical term can called unfair labour practices, which are very much illegal and are punishable by jail term and fine both.
The Apex court has ruled many judgments very clearly on the above issue and you must not worry and must not succumb to the undue and illegal pressure built by the management.
Stand tall and fight for your right.
From India, New Delhi
Dear Anita,
There is legally nothing like the minimum lock in period of service. Any employee in India is free to serve any employer upto the term he wishes to serve. The only exception to it is a legally vaild service bond signed against a significant training provided to an employee which must involve a significant cost to the management.
From India, New Delhi
There is legally nothing like the minimum lock in period of service. Any employee in India is free to serve any employer upto the term he wishes to serve. The only exception to it is a legally vaild service bond signed against a significant training provided to an employee which must involve a significant cost to the management.
From India, New Delhi
Hi Mr. Kamal, Yes agree with you, used a wrong word, actually meant bond. Regards Anita
From India, Mumbai
From India, Mumbai
If your terms of appointment do not restrict you, then what advice you have received above is what you need to follow. If you have no option or way to give your resignation to the management and get an acknowledgement of receipt, send it by RPAD (registered post acknowledgement due) that way they cannot avoid it.
Regards,
From India, Chennai
Regards,
From India, Chennai
I Guess your Employer has taken it Personally the things, You have to explain entire episode and what do you think might have caused this problem from employer.
1) you will have an appointment letter where there should be a clause of resignation, if not, were you aware of this.
2) if you have submitted notice then send a copy to labour office clearly mentioning your case
3) Do you owe the organization any considerable loan or advances etc
I think every issue can be sorted out, Try to speak to your employer on this with a very humble attitude and be sorry even if you are correct..This helps you get out of this trouble..
BEST OF LUCK
From India, Bangalore
1) you will have an appointment letter where there should be a clause of resignation, if not, were you aware of this.
2) if you have submitted notice then send a copy to labour office clearly mentioning your case
3) Do you owe the organization any considerable loan or advances etc
I think every issue can be sorted out, Try to speak to your employer on this with a very humble attitude and be sorry even if you are correct..This helps you get out of this trouble..
BEST OF LUCK
From India, Bangalore
With due to respect to all Seniors I would like to share my experience.....
1) Morally resignation cases has to be settled amicably by both the parties.
2) Many times due to job in hand resigned employees want to leave the organization in a day or two in this cases it is very tough for the employers to find capable + competent replacment with such a short notice....
3) Sometimes project / work is at it's peak period & the resigning person is having the major information related to the project / work.
4) Morally employee can not leave the employer in stranded situation for only his personal benefit...
5) In this cases employer can sue the employee for " Damages " in civil court ( if he is memeber of critical project & employer could prove the same in court....)
6) I am sure court will also not entertain the cases where employee is interested to leave the organization in very short notice for his personal gain & immedate loss to the employer.....
I hope majority HR members will agree to this.....
From India, Pune
1) Morally resignation cases has to be settled amicably by both the parties.
2) Many times due to job in hand resigned employees want to leave the organization in a day or two in this cases it is very tough for the employers to find capable + competent replacment with such a short notice....
3) Sometimes project / work is at it's peak period & the resigning person is having the major information related to the project / work.
4) Morally employee can not leave the employer in stranded situation for only his personal benefit...
5) In this cases employer can sue the employee for " Damages " in civil court ( if he is memeber of critical project & employer could prove the same in court....)
6) I am sure court will also not entertain the cases where employee is interested to leave the organization in very short notice for his personal gain & immedate loss to the employer.....
I hope majority HR members will agree to this.....
From India, Pune
Dear Prashant,
Let me comment in your few things legally
Point 5: No employer can sue the employee for damages on the ground that the person has not served the entire notice period or no notice period at all. Though the employer can ask for payment for short notice served or no notice served legally. But anything beyond that is not enforsable by Law. The company cannot compel to serve even that person who has the only knowledge of the project. He may leave on his own accord.
Point 6: If the employee is willing to Pay the notice period amount, on the contrary to what you are saying the Court will protect the inrerest of the employee as forced employment is ilegal in India and such a scenario is squarely covered under the definition of forced labour.
From India, New Delhi
Let me comment in your few things legally
Point 5: No employer can sue the employee for damages on the ground that the person has not served the entire notice period or no notice period at all. Though the employer can ask for payment for short notice served or no notice served legally. But anything beyond that is not enforsable by Law. The company cannot compel to serve even that person who has the only knowledge of the project. He may leave on his own accord.
Point 6: If the employee is willing to Pay the notice period amount, on the contrary to what you are saying the Court will protect the inrerest of the employee as forced employment is ilegal in India and such a scenario is squarely covered under the definition of forced labour.
From India, New Delhi
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