Employer not accepting resignation
Abi
(Querist) 28 May 2011
This query is : Resolved
Hi,
I am working as Asst. Manager Marketing with a reputed packaging solution company in Pune. Even after 1.2 Yrs of service I am not confirmed with the firm (no reason as such). I have resigned from my position recently but my resignation has not been accepted yet. The only official document I have is the offer letter which doesn’t talk about the notice period etc. Though I have mentioned 2 week notice in my resignation letter. I have a imprest bank account (current account) which is used for everyday branch operations. I am solely responsible for branch operations, sales and finance since there is no one to take care of other responsibilities, however not mentioned in my offer letter. My question is what if the company doesn’t send my replacement till my relieving date as mentioned in my resignation letter? Can I stop reporting to office and close the bank account? Not sure what should be done as far as legal law is concerned. Kindly advice.
Kiran Kumar
(Expert) 29 May 2011
well if there is no clause written in the offer letter concerning the minimum lock in period for service or there is no agreement for minimum period to be given to employer before the acceptance of resignation then there is no trouble for you in leaving the services.
but if there is some serious problem with regard to finances of the company then it is advisable to send a detailed legal notice to the employer which shall contain the tendering of resignation and other necessary aspect regarding the banking issues....through notice you can claim your dues also.
in the mean time keep record of entire banking work being done by you in order to avoid any complication in future.
malipeddi jaggarao
(Expert) 30 May 2011
In the notice, you clearly mention that you should be relieved from your responsible. In whose name the current account with the Bank is opened? In your own name or in the name of the Company? If you are the authorised signatory who has assigned this power to you and intimated the Bank? If you are only authorised signatory, you need not have to worry about the Bank account, at the most, you can send a letter to the company as well as Bank that you are not willing be the authorised signatory hereafter. It is for the company to nominate another authorised signatory for bank account operation. If the account is in your own name, stop transanctions, and see that no cheque issued by you is pending for payment and send the reconcilation/settlement of account to your principal principal and request them you will close the account at any time upon their advice and remit the balance to the account designated by them or by way D.D. In the second case, you should be little careful that the company should not claim later that because of your abrupt actions they have incurred losses. If you take these precuations, if there is no notice period in your appointment/offer letter, you are free to leave the company following the above steps.
Advocate. Arunagiri
(Expert) 30 May 2011
You can give notice of resignation. On the expiry of the notice period, you send a letter stating that you are moving out and stopped working for the company, and state that you are ready to hand over the company properties on the time fixed by the company.
Guest
(Expert) 01 June 2011
If nothing is written in your offer letter about resignation or termination, you can find the same in the employee manual of the company. Please try to go through that and act accordingly. Further, it all depends upon the effectiveness of the language of your resignation letter. You may send a reminder to the company also with a clear mention to nominate a person to take over your charge and bank related documents of the company. You can also mention in your reminder that if no response is received, the resignation would be treated as effective to be relieved of the responsibilities of the company from the due date of resignation at the risk and responsibility of the company, itself.
