Hi,
My name is Sagar. I work for a private company and have been with the company for the last 24 years. Due to some reasons, I resigned. As per the appointment letter, I served a 3-month notice period and requested the management to provide me with a relieving letter and my full and final settlement. However, after I completed the 3 months notice period, the management expressed its concern about retaining me.
Due to the ongoing pandemic situation, I agreed to continue working on the condition that I would be given a reinstatement letter. Although it was orally confirmed, the management has not provided me with a reinstatement letter to date. It has been 25 days since I completed my notice period and continued working. What should I do?
From India, Guntur
Acknowledge(0)
Amend(0)
My name is Sagar. I work for a private company and have been with the company for the last 24 years. Due to some reasons, I resigned. As per the appointment letter, I served a 3-month notice period and requested the management to provide me with a relieving letter and my full and final settlement. However, after I completed the 3 months notice period, the management expressed its concern about retaining me.
Due to the ongoing pandemic situation, I agreed to continue working on the condition that I would be given a reinstatement letter. Although it was orally confirmed, the management has not provided me with a reinstatement letter to date. It has been 25 days since I completed my notice period and continued working. What should I do?
From India, Guntur
Acknowledge(0)Amend(0)
Dear Sagar,
There's no mention in your post about the formal acceptance of your resignation by the Management. You also stated that even after the expiry of the notice period of three months, no express orders either rejecting your resignation or relieving were issued. It implies that you are still in the service of the establishment. Therefore, no question of reinstatement arises. It would be better if you write a letter withdrawing your resignation submitted earlier; that would suffice.
From India, Salem
Acknowledge(0)Amend(0)
6185There's no mention in your post about the formal acceptance of your resignation by the Management. You also stated that even after the expiry of the notice period of three months, no express orders either rejecting your resignation or relieving were issued. It implies that you are still in the service of the establishment. Therefore, no question of reinstatement arises. It would be better if you write a letter withdrawing your resignation submitted earlier; that would suffice.
From India, Salem
Acknowledge(0)Amend(0)
Dear Sir,
Thank you so much for the inputs.
My resignation was accepted by the Management by way of return mail the same day I sent the resignation. It is only after I completed my notice period that the Management expressed its concern to retain me. I then requested for a reinstatement letter. The Management also sent me a mail saying that I have to withdraw my resignation for them to issue me a reinstatement letter. I did sent the Management a mail saying “I am withdrawing my resignation based on the confirmation by the Management that I will be given reinstatement letter with my current salary intact”. So, I attached a condition to my withdrawal. Since the Management has not given me the reinstatement letter till date, where do I stand?
From India, Guntur
Acknowledge(0)Amend(0)
Thank you so much for the inputs.
My resignation was accepted by the Management by way of return mail the same day I sent the resignation. It is only after I completed my notice period that the Management expressed its concern to retain me. I then requested for a reinstatement letter. The Management also sent me a mail saying that I have to withdraw my resignation for them to issue me a reinstatement letter. I did sent the Management a mail saying “I am withdrawing my resignation based on the confirmation by the Management that I will be given reinstatement letter with my current salary intact”. So, I attached a condition to my withdrawal. Since the Management has not given me the reinstatement letter till date, where do I stand?
From India, Guntur
Acknowledge(0)Amend(0)
You had resigned and, on the assurance of the management, you have withdrawn it too. You are continuing in service beyond the notice period. There is no formal communication from the management; need not unduly worry you, as in the first instance, management has not accepted your resignation. Secondly, by continuing you in service beyond the notice period impliedly, they are agreeing to keep the status quo. Maybe sooner or later you may get some official communication. Hopefully, by now you would have received your salary, and it is indicative of continuity.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sir,
My resignation was accepted by the management at the first instance. The management waited until I completed my notice period of 3 months and then expressed concern about retaining me. Though my withdrawal of resignation was on the insistence of the management, I attached a condition to the withdrawal that I must receive the letter of reinstatement with my current salary undisturbed from the management.
My concern is, tomorrow if the company misbehaves:
a) If I never receive the reinstatement letter from them at all, and if they cut down my salary (I am yet to receive my salary as the 7th is the payment date), what should I do?
b) If my salary is reduced, I will not continue working in this company. In that case, what will happen to my final settlement (gratuity) amount? What will happen to the notice period I have already served? Will I still receive my relieving letter?
From India, Guntur
Acknowledge(0)Amend(0)
My resignation was accepted by the management at the first instance. The management waited until I completed my notice period of 3 months and then expressed concern about retaining me. Though my withdrawal of resignation was on the insistence of the management, I attached a condition to the withdrawal that I must receive the letter of reinstatement with my current salary undisturbed from the management.
My concern is, tomorrow if the company misbehaves:
a) If I never receive the reinstatement letter from them at all, and if they cut down my salary (I am yet to receive my salary as the 7th is the payment date), what should I do?
b) If my salary is reduced, I will not continue working in this company. In that case, what will happen to my final settlement (gratuity) amount? What will happen to the notice period I have already served? Will I still receive my relieving letter?
From India, Guntur
Acknowledge(0)Amend(0)
What is the feedback you are getting? Have they assigned you duties that will continue beyond the notice period?
Anyhow, you wait for the payday. If everything is good, then it is satisfying. But if you are dissatisfied, you can send another communication asking to be relieved immediately.
As regards your queries, the answers are as follows:
You are entitled to gratuity as per eligibility (Minimum 5 years of service).
You have already served the notice period, and in the absence of any communication accepting the withdrawal of resignation, you have continued in service but now would like to be relieved.
As such, you are entitled to a relieving order and experience certificate. It depends on the organizational ethos whether they issue them promptly or not.
From India, Mumbai
Acknowledge(0)Amend(0)
Anyhow, you wait for the payday. If everything is good, then it is satisfying. But if you are dissatisfied, you can send another communication asking to be relieved immediately.
As regards your queries, the answers are as follows:
You are entitled to gratuity as per eligibility (Minimum 5 years of service).
You have already served the notice period, and in the absence of any communication accepting the withdrawal of resignation, you have continued in service but now would like to be relieved.
As such, you are entitled to a relieving order and experience certificate. It depends on the organizational ethos whether they issue them promptly or not.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sagar,
The reinstatement occurs if one rejoins after resignation or termination, regardless of the reason. Based on your message, it seems like your resignation was declined, and you have been allowed to continue. A reinstatement or re-appointment letter is necessary when an employee's service ends and a relieving letter is issued.
You can determine if your attendance record is under the new Employee ID or the old one. However, it is advisable to confirm this with your HR. Please wait for the salary payment confirmation.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
The reinstatement occurs if one rejoins after resignation or termination, regardless of the reason. Based on your message, it seems like your resignation was declined, and you have been allowed to continue. A reinstatement or re-appointment letter is necessary when an employee's service ends and a relieving letter is issued.
You can determine if your attendance record is under the new Employee ID or the old one. However, it is advisable to confirm this with your HR. Please wait for the salary payment confirmation.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Notice period.jpg
Notice Period Extension Letter Format.doc