Non acceptance of resignation
Querist :
Anonymous
(Querist) 19 January 2019
This query is : Resolved
Respected Sir/Madam, I work with a Professional Services(Business Consulting) company in Bangalore. I submitted my resignation via email (email is the main communication tool for such purpose) to my manager along with copy to the entire HR team of my company on 26-Dec-2018. As mandated by my Employment Letter, I am expected to serve '1-Month' notice period. Therefore, in my resignation email communication, I communicated the same to the managers and HR team and informed them that I will serve till 31-Jan-2019 (the total days served works to more than 30 days of notice). However, since I submitted my resignation officially, the company has not officially accepted my resignation as well as confirmed on the last working day that I had informed them. In my discussion with the manager as well as the HR head, they requested that I extend my last working day by 15 days. However, I politely told them that I cannot do so, as my next joining date is immedeate. I wanted an opinion in such matters, with regards to options avaialble for me to take a legal recourse. My main concern is that the current company may delay in issuance of the experience letter and the service letter, which I need to submit to my next employer. I kindly request the knowledgable members of this forum to kindly advice. Anticpating your feedback and suggestions. Regards
Dr J C Vashista
(Expert) 20 January 2019
Acceptance or rejection of your resignation is yet to be decided since 11 days are still there for your last working days with your employer, however, if you feel so strong you may remind them with respect to your decision to leave the job and get relieved w.e.f 31st January 2019 and stop attending your duty.
However, an anonymous author should not expect valuable response and obligation of experts as the same is against rule of this platform, disclose your identity before posting any query qua dispute involved therein.
Querist :
Anonymous
(Querist) 22 January 2019
Respected Sir,
Thanks for your response and opinion. My main concern is the following:
1. My notice period as per the employment letter that I signed, mentions it as 1-Month. I am also serving the same and I have communicated the same to my company HR as well as my manager.
2. In-spite of repeated reminders to accept the resignation and confirm on the the notice period, I have not got any response. My manager keeps avoiding the discussion on this topic and the HR is avoiding my repeated emails.
3. In case I leave on 31-Jan-2019, can my employer legally withhold issuing the service certificate? I would like to get your expert opinion and guidance on this regard.
Looking forward to your response and feedback.
Regards
Varun
KISHAN DUTT KALASKAR
(Expert) 24 January 2019
Dear Sir,
You may get issue a legal notice and also file a complaint with labor Commissioner. In the meanwhile you may tried to convince the next employer and ask him to allow you to join the service and you may undertake to comply the exist formalities from previous employer within next 60 days.
Please mark “LIKE” if satisfied by my answer.
