My company is not accepting my resignation

Anadi Chakraborty (Querist) 15 February 2016 This query is : Resolved
Sir/Madam,
I am working in a Kolkata based IT company.I have 30 calender days both side notice period with my company.

What was mentioned in my offer letter:

"During your employment with ..... Software Technologies Pvt. Ltd., either you or ..... Software Technologies Pvt. Ltd. can terminate the appointment by giving 30 calendar days written notice."

But yesterday when I resigned from my post mentioning that I will serve notice period they replied as---
"I asked you not to leave the organization as I have decided not to accept your resignation."
They are refusing to accept my letter and not ready to release me.
My question is whether they can do it even serving my notice period.If they don't release me may I take any action against them though they are telling that they can take action against me if I leave even after one month.
Please help...

Regards,
Anadi.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 16 February 2016
1. No they can not breach their own terms which gives liberty to terminate the agreement at the option of wither of the parties on 30 days notice.
2. They are giving empty threat. Send a legal notice in unequivocal terms to leave after 30 days.
3.they have no legal case and hence you have nothing to worry.

Guest (Expert) 16 February 2016
The company cannot retain you against your wishes, when you have decided to resign as per the terms of appointment. If they are not accepting your resignation, send that through email as well as through speed post. Let them refuse in writing.

Adv. Yogen Kakade (Expert) 16 February 2016
rightly answered by the experts.

Rajendra K Goyal (Expert) 16 February 2016
Agree with the expert P S Dhingra.

Kumar Doab (Expert) 16 February 2016
Is the reply/declinature mentioned by you in your query, in writing?

Anadi Chakraborty (Querist) 16 February 2016
I resigned through mail and they replied. I have coated a line from their mail already.

First they completely refused to release then I replied and reminded about the agreement ( 30 days notice period ). Now the current status is they have chosen three persons whom I have to train. Depending on their development and ability to continue the project they will take decision about my release.I have coated a part of their last reply...

"You need to teach UI to me.
------ & ---- will also accompany me.
Depending on my ability to perform on UI side - I will release you.
So you need to make me familiar to work with UI side. And that too u need to make it happen within 18th March."

Kumar Doab (Expert) 17 February 2016
Is there any clause mentioned in appointment letter/any agreement signed by you that you will transfer the knowledge/train the replacement or as many persons chosen by employer/complete the projects on board which were assigned to you?

If NO: there should be no such binding.

Even otherwise if employer itself has decided and found notice period of 30 days as sufficient to put its house in order then it should not ask for more than 30days.

An able counsel specializing in labor-service matters can guide you further.

Consult in person with all employment related documents.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries