HY Sir/Madam,
My sister in law had joined a small scale manufacturing company for accounts position and before her marriage she had given resignation letter,but resignation was not accepted and that resignation letter was torned up and she was given leave for 1 month and today that employer called my sister in law and talked abruptly by saying that she should join within a week and do our pending work otherwise legal action will be taken,as she was not paid when she was given leave and also her resignation letter was not accepted,please give me suggestion what should be the next procedure?
From India, Mumbai
My sister in law had joined a small scale manufacturing company for accounts position and before her marriage she had given resignation letter,but resignation was not accepted and that resignation letter was torned up and she was given leave for 1 month and today that employer called my sister in law and talked abruptly by saying that she should join within a week and do our pending work otherwise legal action will be taken,as she was not paid when she was given leave and also her resignation letter was not accepted,please give me suggestion what should be the next procedure?
From India, Mumbai
No employer has the right to compel an unwilling employee to continue in his employment beyond the actual period of notice,if any stipulated in the contract of service relating to resignation. The act of tearing up the resignation letter, though indicative of the bad temper of the employer, also indicates his non-acceptance and the immediate sanction of one month's leave being the alternative suggested by him and your sister's availing of the same would show her tacit willingness to continue her employment for the time being and all put together indicative of the fact that the resignation has become non-est. Therefore ask her to submit a fresh resignation letter with immediate effect as a consequence of her marriage asking the employer to adjust the unpaid leave salary against notice pay, if any..
From India, Salem
6018From India, Salem
Was your sister called back during leave period or after the leave period of one month?
As learned member above mentioned,put up another application asking for exit with clear date of last working day.
Your sister cannot be compelled to work and no legal action can be taken for quitting the job.
From India, Pune
As learned member above mentioned,put up another application asking for exit with clear date of last working day.
Your sister cannot be compelled to work and no legal action can be taken for quitting the job.
From India, Pune
It is your right to resign. If one is unwilling to work, no employer can force you (beyond notice period), especially by intimidation tactics like tearing up the resignation letter etc.
Ideally, once he tore the letter, you should have sent another resignation through registered post and included a notice of one month.
He is legally bound to pay and cannot try to scare you to keep working. It is important to stand up against unscrupulous employers who try to take advantage of the fact that the employee is a single person and can be browbeaten by the organization.
From India, Delhi
Ideally, once he tore the letter, you should have sent another resignation through registered post and included a notice of one month.
He is legally bound to pay and cannot try to scare you to keep working. It is important to stand up against unscrupulous employers who try to take advantage of the fact that the employee is a single person and can be browbeaten by the organization.
From India, Delhi
It is just a way of threatening, please tell him diplomatically why you cannot continue and send a resignation letter through mail, so that it is officially documented.
From India, Bengaluru
From India, Bengaluru
Thank You umakant sir,nathrao sir,bodhisutra and supriya madam,i will tell my sister to send fresh resignation through mail and also give resignation to the employer.
Thank You for your valuable comments and support.
From India, Mumbai
Thank You for your valuable comments and support.
From India, Mumbai
Your resignation letter was torn does not mean that it was rejected. The behavior is highly unprofessional. Send the resignation letter once again through registered post. It is the right of an employee to resign whenever he wants to provided that he is ready to serve the notice period or pay the notice pay in lieu thereof. Your employer cannot take any legal action against you.
And you are also entitled to any outstanding dues and full and final settlement. Do not interact over telephone. Let all the interaction be documented either through email/ letters.
From India, Kolkata
And you are also entitled to any outstanding dues and full and final settlement. Do not interact over telephone. Let all the interaction be documented either through email/ letters.
From India, Kolkata
Dear Ketan,
Tearing of resignation letter or rejection of resignation by the employer is quite unethical and illegal. But you have not mentioned whether after the incident of tearing of her resignation letter, the leave was sanctioned at his own without application of your sister-in-law by the employer or on her application for leave, as you said leave granted instead of cceptance of resignation. If leave application was submitted, the issue of non-acceptance of resignation is already lost. In that case, your sister in law may submit fresh resignation letter, but with acknowledgement of the employer or through speed post to keep an evidence of submission of resignation. Else, if unacknowledged or unreceipted, the same problem may arise again.
From India, Delhi
Tearing of resignation letter or rejection of resignation by the employer is quite unethical and illegal. But you have not mentioned whether after the incident of tearing of her resignation letter, the leave was sanctioned at his own without application of your sister-in-law by the employer or on her application for leave, as you said leave granted instead of cceptance of resignation. If leave application was submitted, the issue of non-acceptance of resignation is already lost. In that case, your sister in law may submit fresh resignation letter, but with acknowledgement of the employer or through speed post to keep an evidence of submission of resignation. Else, if unacknowledged or unreceipted, the same problem may arise again.
From India, Delhi
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