Dear All,
I have resigned in my current company 1 Month back, but still they have not accepted my resignation. I am not able to understand should I saty or leave. My Notice period is 1 Month which is now completed.
In case if I leave now what could be the effects as they have not accepted my resignation as yet. 1 thing could be that they wont give me reliving letter or exp letter if i leave & show me as terminated.
What should I do? Kindly guide.
From India, Nasik
1I have resigned in my current company 1 Month back, but still they have not accepted my resignation. I am not able to understand should I saty or leave. My Notice period is 1 Month which is now completed.
In case if I leave now what could be the effects as they have not accepted my resignation as yet. 1 thing could be that they wont give me reliving letter or exp letter if i leave & show me as terminated.
What should I do? Kindly guide.
From India, Nasik
Dear Shree,
It is bit annoying situation. Since i never experienced such case, i cant suggest you the solution. But I suggest you to check out is there any legal / provision that a resignation is deemed to be accepted in case of delay of certain period (after 3 working days like that..).
Vishwanath
From India, Hyderabad
It is bit annoying situation. Since i never experienced such case, i cant suggest you the solution. But I suggest you to check out is there any legal / provision that a resignation is deemed to be accepted in case of delay of certain period (after 3 working days like that..).
Vishwanath
From India, Hyderabad
First let us know whether the resignation has been received by the authorities or not, I mean if the resignation is send by post then the acknowledgement.
Have you wrote any terms in the resignation stating
1) If the resignation is not accepted in written within 3 days from the receipt, it will be deemed as resignation accepted.
2) You are requested to take over all the handovers on or before ------------date (last working date) for a smooth exit
3) Please clear all the dues etc etc
If all the terms are mentioned they are legally bound to relieve you, and give all the letters unless any written communication from them.
Wish you all the best.
From India, Ahmadabad
Have you wrote any terms in the resignation stating
1) If the resignation is not accepted in written within 3 days from the receipt, it will be deemed as resignation accepted.
2) You are requested to take over all the handovers on or before ------------date (last working date) for a smooth exit
3) Please clear all the dues etc etc
If all the terms are mentioned they are legally bound to relieve you, and give all the letters unless any written communication from them.
Wish you all the best.
From India, Ahmadabad
Have you spoken to your manager and the hr team to find our why they have nt accepted the resignation ? They are the best people to give you the last working day.
Generally co panties accept resignation.
A company can not force you to work when you do not want to, so not accepting resignation makes little sense. It could be a way to pressurise you to stay on, or negligence on part of your manager to send an acceptance of the resignation or at worse, a company culture of not bothering with documentation and compliance.
Since you have resigned, and completed notice period, you can stop coming.
If you have another job and have a joining date, you don't even have a choice. You will need to move there.
However, don't just stop abruptly. Speak to your manager and to hr or to the director and tell him your notice period is over and who should you give the assets / files / I'd etc to and when you can come to collect the full and final cheque.
Keep proof of date when you resigned and show it to the company you want to join as proof that you resigned and compete notice period.
From India, Mumbai
Generally co panties accept resignation.
A company can not force you to work when you do not want to, so not accepting resignation makes little sense. It could be a way to pressurise you to stay on, or negligence on part of your manager to send an acceptance of the resignation or at worse, a company culture of not bothering with documentation and compliance.
Since you have resigned, and completed notice period, you can stop coming.
If you have another job and have a joining date, you don't even have a choice. You will need to move there.
However, don't just stop abruptly. Speak to your manager and to hr or to the director and tell him your notice period is over and who should you give the assets / files / I'd etc to and when you can come to collect the full and final cheque.
Keep proof of date when you resigned and show it to the company you want to join as proof that you resigned and compete notice period.
From India, Mumbai
Dear Shree84,
Please go through your appointment letter and abide by the terms and conditions stipulated therein.
I am presuming that you have an acknowledgement to your submission. If not send it through registered post with acknowledgement due. Another option is you may as well email your resignation to your immediate boss and to the management and according to the digital evidence act 2000, this is valid even if they do not respond.
Please ensure physical handover of charge if any and again email it to them.
Please ensure that that there are no financial dues from you.
All said and done try to get a peaceful and cordial exit, which is good in the long run.
Good luck
Arcot
From India, Hyderabad
Please go through your appointment letter and abide by the terms and conditions stipulated therein.
I am presuming that you have an acknowledgement to your submission. If not send it through registered post with acknowledgement due. Another option is you may as well email your resignation to your immediate boss and to the management and according to the digital evidence act 2000, this is valid even if they do not respond.
Please ensure physical handover of charge if any and again email it to them.
Please ensure that that there are no financial dues from you.
All said and done try to get a peaceful and cordial exit, which is good in the long run.
Good luck
Arcot
From India, Hyderabad
Dear Shree,
You have mentioned you resigned before one month and its not accepted. The situation which you have right now is since they didnt accept the resignation how they would consider your last one month as your notice period. Do you have any valid letter which state you resigned and you are awaiting for decision from Management. Even you have something didnt they ask you anything pertain to this for last one month?
Also as Mr. Sajee mentioned did you signed anything like that?
Please share exact details so that we could try our best to help you.
From India, Tiruchchirappalli
You have mentioned you resigned before one month and its not accepted. The situation which you have right now is since they didnt accept the resignation how they would consider your last one month as your notice period. Do you have any valid letter which state you resigned and you are awaiting for decision from Management. Even you have something didnt they ask you anything pertain to this for last one month?
Also as Mr. Sajee mentioned did you signed anything like that?
Please share exact details so that we could try our best to help you.
From India, Tiruchchirappalli
Anyone please help me ,
I am an Indian working in a company called TCS in Kolkata ,West Bengal,India
I have been sent to U.S.A for a project ....now I have received an offer from Accencher a company in Mumbai,Maharashtra ,India for better prospects. the salary and other prospects are better in Mumbai than TCS.i have decided to join accencher and sent a resignation to TCS.but Tcs is now telling that they only accept resignation within India not in USA.And continuously extending my visa so that I leave more longer in USA.and I miss the offer in accencher.they are now playing a damn game with me.they literally want me to loose the offer.please suggest me how I can leave the company legally.and how I can get legal help.
Posted Today
I am an Indian working in a company called TCS in Kolkata ,West Bengal,India
I have been sent to U.S.A for a project ....now I have received an offer from Accencher a company in Mumbai,Maharashtra ,India for better prospects. the salary and other prospects are better in Mumbai than TCS.i have decided to join accencher and sent a resignation to TCS.but Tcs is now telling that they only accept resignation within India not in USA.And continuously extending my visa so that I leave more longer in USA.and I miss the offer in accencher.they are now playing a damn game with me.they literally want me to loose the offer.please suggest me how I can leave the company legally.and how I can get legal help.
Posted Today
There is no law wherein the resignation has to be send from the soil of India. In TCS I assume you can login to the extranet and resign online, who has advised you such wrong information. Please speak to the HR Head at your corporate office instead of calling the Branch.
From India, Ahmadabad
From India, Ahmadabad
@Sumit8738
You have to tender resignation to the office from where you have appointed. Since you were appointed at Kolkata, TCS, you have to tender resignation here. It does not matter where are you currently located. You can send email or through their website submit your resignation (if such facilities exist).
But to be legally on safe side, it is better to send a hard copy through speed / registered post or any other method (mostly government postal) if you wish to tender from out of country. Depending on your existing notice period, you will be released. No law can force you to be in employment and as per Supreme Court, employers cannot stop you from joining a competitor company for your better prospect. If you wish you can contact me for professional assistance as I am also kolkata based.
Check my blog at www.labourlawhub.com for more information.
From India, Kolkata
You have to tender resignation to the office from where you have appointed. Since you were appointed at Kolkata, TCS, you have to tender resignation here. It does not matter where are you currently located. You can send email or through their website submit your resignation (if such facilities exist).
But to be legally on safe side, it is better to send a hard copy through speed / registered post or any other method (mostly government postal) if you wish to tender from out of country. Depending on your existing notice period, you will be released. No law can force you to be in employment and as per Supreme Court, employers cannot stop you from joining a competitor company for your better prospect. If you wish you can contact me for professional assistance as I am also kolkata based.
Check my blog at www.labourlawhub.com for more information.
From India, Kolkata
Hi,
I am working in an NGO. I have recently resigned from my organisation by sending the scanned copy of the resignation by email and it has been forwarded to the HR department by my reporting officers.
Now my HR manager is replying to me that my resignation is not accepted because I am the direct in-charge of a running project, then I've replied requesting the HR manager to understand my consequences and accept the resignation.
My appointment letter stats that either I've to pay one month's gross salary or one month's notice before leaving the organisation and it will be the discretion of the organisation whether to accept one month's salary or one month's notice depending in my pending tasks.
Can anyone help me by providing details (web link) of the legal regulations of the government about resignation and leaving job.
Thanks in advance
regards,
Sajid
From India , Indore
I am working in an NGO. I have recently resigned from my organisation by sending the scanned copy of the resignation by email and it has been forwarded to the HR department by my reporting officers.
Now my HR manager is replying to me that my resignation is not accepted because I am the direct in-charge of a running project, then I've replied requesting the HR manager to understand my consequences and accept the resignation.
My appointment letter stats that either I've to pay one month's gross salary or one month's notice before leaving the organisation and it will be the discretion of the organisation whether to accept one month's salary or one month's notice depending in my pending tasks.
Can anyone help me by providing details (web link) of the legal regulations of the government about resignation and leaving job.
Thanks in advance
regards,
Sajid
From India , Indore
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