I submitted my resignation via email two weeks ago, and the notice period is one month. After a discussion with management, they are not accepting my resignation. It's a start-up company that doesn't have proper processes, and the pressure is high, which is why I am looking for better opportunities.
Now, they are refusing to accept my resignation because I have only worked for seven months, and they expect me to work for two years to receive a relieving letter and experience certificate. I have not signed any bond, and as per the appointment letter, I can leave the company on an at-will basis.
Could anyone suggest how I should proceed legally or if there are any other options available?
Thanks in advance.
From India, Hyderabad
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Now, they are refusing to accept my resignation because I have only worked for seven months, and they expect me to work for two years to receive a relieving letter and experience certificate. I have not signed any bond, and as per the appointment letter, I can leave the company on an at-will basis.
Could anyone suggest how I should proceed legally or if there are any other options available?
Thanks in advance.
From India, Hyderabad
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There is nothing like "Forced Employment" in India. An employee can work as long as he/she wishes to. Therefore, nothing is wrong if you wish to quit the employment.
Nevertheless, I request you to resolve this issue amicably. Have a tête-à-tête with the employer and tell him how important it is for you to avail of the opportunity. If lost, you may not get a similar opportunity. Getting manpower for startups is a little difficult. Therefore, if possible, dangle a carrot of extending a notice period by 15 days.
However, if the employer remains intractable, then you may approach the labor office of your area and explain your problem. While visiting the office, carry with you proof of your employment like an appointment letter, identity card, etc. If your problem is not solved by the labor officer also, then come back to this forum and explain why his intervention also failed.
Thanks,
Dinesh Divekar
From India, Bangalore
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8042Nevertheless, I request you to resolve this issue amicably. Have a tête-à-tête with the employer and tell him how important it is for you to avail of the opportunity. If lost, you may not get a similar opportunity. Getting manpower for startups is a little difficult. Therefore, if possible, dangle a carrot of extending a notice period by 15 days.
However, if the employer remains intractable, then you may approach the labor office of your area and explain your problem. While visiting the office, carry with you proof of your employment like an appointment letter, identity card, etc. If your problem is not solved by the labor officer also, then come back to this forum and explain why his intervention also failed.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have tendered your resignation, and the company is not accepting it. Does that mean the company has rejected your resignation in writing or verbally, or are they simply not replying? As already mentioned, you cannot be forced into your employment under Indian laws, even if there was any bond. If the terms and conditions of your appointment letter specify a notice period of 30 days, then simply serve the 30 days and stop going to work thereafter. Ask in writing for a full and final settlement if any. At this stage, it is too premature to advise you to visit the labor commissioner. Check my blog www.labourlawhub.com for more information.
From India, Kolkata
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From India, Kolkata
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Hi Ritesh and Dinesh, Thanks for your valuable suggestions. I will serve my notice period as per policy. If still problem persists will look for another solution. Thanks again.
From India, Hyderabad
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From India, Hyderabad
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While I absolutely agree with the other members that it's your right to work where you like and for as long as you like, I have a different take on your issue. You haven't mentioned your experience level.
The Startup Work Culture
It's a widely known fact that the life and work culture in any startup, whether in India or overseas, is as you mentioned: (1) loosely defined processes and (2) high pressure. These are the very aspects of startups that make them so agile and productive compared to well-established companies, irrespective of the domain or sector. So much so that even companies like Google, Oracle, Microsoft, etc., are now partnering with startups, which includes investing.
If the above reasons are truly the ones that made you look for other opportunities (I am not sure whether it's 'better' or not), frankly, I think you might have your career priorities a bit lopsided. Many startups have issues such as timely salary payments and not getting leaves, which could be appropriate causes to look out for, but surely not the ones you mentioned.
Learning Through Pressure
It's only when one faces pressure in the job that one gets the chance to learn. Whether he or she actually does depends on whether he or she utilizes those chances. This is more so for those who are greenhorns in their careers. You can check this out with any of your seniors.
In general, one gets to learn without any inhibition during the first few years, possibly 4-6 years, of one's career. Later, many other factors come into play (marriage, enhancement of designation or role being some of them) that often act as obstructions to one's learning path.
Opportunities and Experience
Regarding the current opportunity, please rest assured that opportunities will always be there for those who have the necessary caliber, which comes through experience and hard work. Just give these points a thought before taking the plunge.
All the best.
Regards,
TS
From India, Hyderabad
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The Startup Work Culture
It's a widely known fact that the life and work culture in any startup, whether in India or overseas, is as you mentioned: (1) loosely defined processes and (2) high pressure. These are the very aspects of startups that make them so agile and productive compared to well-established companies, irrespective of the domain or sector. So much so that even companies like Google, Oracle, Microsoft, etc., are now partnering with startups, which includes investing.
If the above reasons are truly the ones that made you look for other opportunities (I am not sure whether it's 'better' or not), frankly, I think you might have your career priorities a bit lopsided. Many startups have issues such as timely salary payments and not getting leaves, which could be appropriate causes to look out for, but surely not the ones you mentioned.
Learning Through Pressure
It's only when one faces pressure in the job that one gets the chance to learn. Whether he or she actually does depends on whether he or she utilizes those chances. This is more so for those who are greenhorns in their careers. You can check this out with any of your seniors.
In general, one gets to learn without any inhibition during the first few years, possibly 4-6 years, of one's career. Later, many other factors come into play (marriage, enhancement of designation or role being some of them) that often act as obstructions to one's learning path.
Opportunities and Experience
Regarding the current opportunity, please rest assured that opportunities will always be there for those who have the necessary caliber, which comes through experience and hard work. Just give these points a thought before taking the plunge.
All the best.
Regards,
TS
From India, Hyderabad
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Legal Clarification on Negative Covenants in Employment Agreements.pdf