Hello, I need to submit my resignation letter to my employer as I have been offered a job somewhere else. Since November 2020, we have stopped receiving a salary at my current employment. Our college had a provision for providing leave without pay "lein" in such cases to join another college, but after a long legal battle, we lost the case. Now, we want to submit a resignation. However, the management is known for delaying acceptance of the resignation until the joining date of the new job has passed. In the past, they have done that with other employees and left people jobless. I have already deferred my joining at the new college due to the legal battle, so I cannot afford to delay it more than 3 months now.
Now the only option for me is to submit my resignation, but I am scared. I am ready to serve the notice period or pay 3 months' salary, but what should I do to make sure that the college acknowledges the resignation?
From India, New Delhi
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Now the only option for me is to submit my resignation, but I am scared. I am ready to serve the notice period or pay 3 months' salary, but what should I do to make sure that the college acknowledges the resignation?
From India, New Delhi
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No employer can compel an unwilling employee to be in his services according to his convenience. An employee can resign from his job at his own will for whatever reason, subject to the rules of exit that form part of the contract of employment between them. Of course, the employer has an inherent right to modify the terms of notice on genuine grounds of work exigencies and postpone the relief for a specified time, but cannot delay indefinitely in responding to the offer of resignation. The purpose of notice in the unilateral exit clause of the employment contract is to enable the other party to make suitable alternative arrangements within the notice period.
If the allegations against the particular college management, as described in the post, are true, they are certainly employing cheap and unethical methods to frustrate the exercise of an employee's legal rights. It is not feasible for others to suggest similar countermeasures, and the poster must rely on his native intelligence with tact and persuasion to the extent possible.
Therefore, the poster should first submit his resignation with an effective future date, providing sufficient notice as mentioned in his appointment orders and ensuring proof of submission, such as sending it by registered post. Subsequently, it is advisable to make a personal representation to the Principal or Chairperson of the college to arrange for his relief as requested in the resignation letter. Before the notice period expires, he should ensure that he has cleared all dues to the college, whether monetary or in terms of borrowed assets like books or laptops from the library. If he suspects any foul play, issuing a legal notice to the management before the effective date of resignation is crucial. In the case of resigning for a new job, he should inform the prospective employer about the challenges in obtaining relief from the current job and seek their concurrence in advance.
From India, Salem
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6108If the allegations against the particular college management, as described in the post, are true, they are certainly employing cheap and unethical methods to frustrate the exercise of an employee's legal rights. It is not feasible for others to suggest similar countermeasures, and the poster must rely on his native intelligence with tact and persuasion to the extent possible.
Therefore, the poster should first submit his resignation with an effective future date, providing sufficient notice as mentioned in his appointment orders and ensuring proof of submission, such as sending it by registered post. Subsequently, it is advisable to make a personal representation to the Principal or Chairperson of the college to arrange for his relief as requested in the resignation letter. Before the notice period expires, he should ensure that he has cleared all dues to the college, whether monetary or in terms of borrowed assets like books or laptops from the library. If he suspects any foul play, issuing a legal notice to the management before the effective date of resignation is crucial. In the case of resigning for a new job, he should inform the prospective employer about the challenges in obtaining relief from the current job and seek their concurrence in advance.
From India, Salem
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf