Employer refuse to approve my resignation

Querist : Anonymous (Querist) 17 October 2011 This query is : Resolved
I am working in a Pvt.Ltd. organization from last two year. I get a new offer from some big organization & they want that i join them on 1/11/2011 but my current employer not approve my resignation.

Hr manager told me that i have to intimate them before two month then they will think about it.

new employer can not wait for me for two month.

i did not sign any legal agreement with my current employer. i sign only appointment letter where they mention that 2 month notice period is necessary for all employee.

i already intimate them can i directly leave them.

i also have 60 pl & 30 sl leave balance in my account can i use them.

please give me a perfect advice.

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M.Sheik Mohammed Ali (Expert) 17 October 2011
best thing you send either register post / mail

Sankaranarayanan (Expert) 17 October 2011
yes i do agreed with mr sheik you send the resignation letter by RPAD

Sailesh Kumar Shah (Expert) 17 October 2011
I humbly disagree with both experts. please read in query "i sign only appointment letter where they mention that 2 month notice period is necessary for all employee."

Guest (Expert) 17 October 2011
By signing the appointment letter you have already agreed the terms & conditions of employment. So, you will have to abide by the conditions of the employment. However, if there is a provision for buy out of the period short of notice period, you can deposit the salary equivalent to the period short of the fixed notice period.

PL/SL at credit may not help you to commute the shortage in notice period. Such leave can be settled separately along with the full and final settlement, as per the terms of leave encashment prescribed by the company.

prabhakar singh (Expert) 17 October 2011
I share the opinion expressed by Dhingra ji.

Devajyoti Barman (Expert) 17 October 2011
Please bear in kind that there is absolutely no legal bar for you to join a new company whether your resignation letter is accepted or not.

Now comes the point , if your resignation letter is not accepted then the old company may sue for several reliefs including damages but that does not debar you to join the new company.

Querist : Anonymous (Querist) 17 October 2011
Thanks to all of you for your valuable advice . but i want to tell you that i have already mail my resignation to my employer but due to some bad intention they want stuck me.

I disclose information of my new offer letter
to one of my senior in good faith but now i feel that he does not want that i leave this company.

I want to know if i directly leave this company can they take any legal action against me.

i also offer them to buy short fall of notice period but they denied me.

Sailesh Kumar Shah (Expert) 17 October 2011
1.You should be clean hand. you can't stop take action against you.

2.If there is no provision in the company of buy short fall notice, you shall have to work 2 months.

Querist : Anonymous (Querist) 17 October 2011
There is provision to buy short fall of notice period but i already mention that it is due to intentionally they want stuck me.

they reply me that they can relive me on 17th
December but my joining date is 1st Nov.

Sir can you tell me what type action they can
take against me .

If i can leave them on 1st NOV then my short fall period is 42 days.

Can they claim for more compensation i mean
for more then 42 day.

i also want to tell you that at present i do not have any pending project.

prabhakar singh (Expert) 17 October 2011
They can claim as stipulated in service agreement whose terms you have still not disclosed.

Raj Kumar Makkad (Expert) 17 October 2011
You send a crossed cheque with covering letter equivalent to the period of short fall of 2 months and also mention therein to relieve you on 31st Oct 2011 as you shall not attend your office thereafter. Send copy of this letter to new employer so that a good impression may remain there if any future complication arises.

prabhakar singh (Expert) 17 October 2011
Do not commit such a mistake.

Employer refuse to approve my resignation

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