Revoking of resignation accpetance
varuna
(Querist) 26 April 2015
This query is : Resolved
I recently quit a job of 10 years to join a new organization. While I did not ask for a waiver of notice period (months), I requested 'if possible' I may be relieved in next 15 days. My resignation was accepted and I was relieved in 15 days. No mention was made in the acceptance mail that my notice period is being waived or that I would have to pay up for that period.I was wished all the best in life.
After 2 months of me joining the new organization, I have been informed through an email by the previous organization that since I have joined a competitor (apparently there is a non-compete clause in the Employee Handbook) and violated the service conditions, my resignation acceptance is being withdrawn and I am being served with a termination letter which is being sent to me in due course. My dues have not yet been cleared.
Please advise, if my resignation acceptance can at all be arbitrarily withdrawn, and that too after over months of acceptance originally in the guise of a non-compete clause.
Also, would I have to pay up for my relieving earlier than the normal notice period, even though I did not ask for it to be waived and the resignation acceptance did not mention it at all.
Thank you.
Kumar Doab
(Expert) 26 April 2015
1. If the resignation had been accepted then employer - employee relationship has been terminated. Thereafter how can a termination order be issued.
2. Indian courts of law have consistently been declining to enforce Non Compete clauses and agreements posy termination of enjoyment since it hits right to earn livelihood and clauses of Indian Contracts Act.
3. The notice period is part of service conditions that are governed by various enactments applicable to establishment/ employer/employee.
If you ate coveted by these
enactments max. Notice period applicable would be 30 days.
4. You have indeed asked to be relieved in15 days as posted by you.
5 The FnF wages should be paid max by usual pay day.
Dr J C Vashista
(Expert) 27 April 2015
I agree with the expert advise of Mr. Kumar Doab, your relation as employee-employer terminated and comes to an end when your offer of resignation was accepted by the employer.
Guest
(Expert) 27 April 2015
What is the language of official letter about acceptance of your resignation?
P. Venu
(Expert) 27 April 2015
Having accepted the resignation on the terms suggested by the employee, the previous employer is estopped from taking a different stand to the disadvantage of the former.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
The later after thought action by the employer will be illegal, you may protest it and draw him to the court if he is not withdrawing his notice or said action. Take the help of a local service law practicing lawyer and decide about further course of action as per is advise.
