Hi, my name is Rajat. I have been working with one company in Bangalore. I submitted my resignation on the 15th of December and requested to be relieved within 15 days with all necessary formalities completed. I have been in communication with my manager since submitting my resignation, but they continue to delay and have not accepted it. There is no signed contract specifying a particular notice period I am required to serve, nor was there any mention of it in the offer letter provided to me. Now, as I seek to leave, the company is insisting on a random notice period. Could you please advise me on the course of action if I decide to depart from the company on the date mentioned in my resignation, even without their formal acceptance?
From India, Bengaluru
Acknowledge(0)
Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
The Notice Period (NP) clause may be missing in your appointment order, but the general provision that "You will be governed by the rules and regulations of the company" will necessitate your serving out the NP.
If you leave the service without completing the F&F settlement process, you are running the risk of its consequence. The management may not accept resignation but may instead terminate you from services. In such cases, in the event of any BGV later, the report from this employer may not be helpful to you. In case you are covered under the PF Act 1952, when you try to join any new establishment and PF thereof, the fact of your previous employment will come to light.
From India, Mumbai
Acknowledge(0)Amend(0)
1593If you leave the service without completing the F&F settlement process, you are running the risk of its consequence. The management may not accept resignation but may instead terminate you from services. In such cases, in the event of any BGV later, the report from this employer may not be helpful to you. In case you are covered under the PF Act 1952, when you try to join any new establishment and PF thereof, the fact of your previous employment will come to light.
From India, Mumbai
Acknowledge(0)Amend(0)
Hi KK, thanks for your reply. I will be ready to accept the notice period as per their company policy, but how would I know if the company policy they share with me is valid or not? Does the company policy have to be registered somewhere legally? If not, does that mean the company can do whatever they want, but employees cannot? I believe company policies have to be shared with the employee either through an agreement or email at the time of joining. What is the use of a company policy if they share it after my resignation?
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Rajat,
Mr. KK!HR did not use the term "company policy" in his reply but only pointed out to the rules and regulations of the company as would be in force from time to time. But, as you said, they cannot be kept secret, and it is mandatory that the employee should be kept informed always when new rules are added.
Strictly speaking, the conditions pertaining to exit on unilateral termination of the contract of employment should find a place in the appointment letter itself; failing which, it can be presumed that no such condition is in force. However, you should remember the indisputable fact that the employer is a dominant party in the contract of employment, and he can delay the acceptance of your resignation on the ground of exigencies of work. Exiting on your own without the formal acceptance of your resignation may end up in the presumption of abscondence, which can be negatively reflected in the BGV as suggested by the learned respondent earlier. Therefore, in the interest of your future career, you should try to make your exit very formal, smooth, and peaceful.
From India, Salem
Acknowledge(0)Amend(0)
Mr. KK!HR did not use the term "company policy" in his reply but only pointed out to the rules and regulations of the company as would be in force from time to time. But, as you said, they cannot be kept secret, and it is mandatory that the employee should be kept informed always when new rules are added.
Strictly speaking, the conditions pertaining to exit on unilateral termination of the contract of employment should find a place in the appointment letter itself; failing which, it can be presumed that no such condition is in force. However, you should remember the indisputable fact that the employer is a dominant party in the contract of employment, and he can delay the acceptance of your resignation on the ground of exigencies of work. Exiting on your own without the formal acceptance of your resignation may end up in the presumption of abscondence, which can be negatively reflected in the BGV as suggested by the learned respondent earlier. Therefore, in the interest of your future career, you should try to make your exit very formal, smooth, and peaceful.
From India, Salem
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf