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Releiving letter

(Querist) 11 April 2015 This query is : Resolved 
one person resigning co to go out of state to serve his parents and resigned, compnay is not willing to relieve him and said that you go on leave without pay, and that employee dont want to continue employment pls advise what to do in such case and whether co refuse the resignation letter and refuse to give releiveing letter
Guest (Expert) 11 April 2015
Mr. Girish,

It is not understood, whether as a Manager Accounts you have asked this query on behalf of th company or the employee? Please clarify.
M/s. Y-not legal services (Expert) 11 April 2015
academic queries or commercial queries will not be answered..
girish (Querist) 11 April 2015
this is not for my company this is my brother's son issue
Guest (Expert) 11 April 2015
The company cannot compel anyone to serve against his wishes.
Rajendra K Goyal (Expert) 11 April 2015
Agree with the expert PS Dhingra ji.
Kumar Doab (Expert) 11 April 2015
Does the employee have any evidence on record of any pressure? The onus may fall on employee, hence employee should generate evidence.

It is right that employee can not be forced to work against his wishes.


However employee should tender reasonable notice of resignation,addressed to appointing authority/MD...preferably by Redg. post....................and affirm that NO Tasks are pending at his end, and to whom he should handover the charge within and upto expiry of notice period/dated...../last date in office, under proper acknowledgment on the spot.
T. Kalaiselvan, Advocate (Expert) 16 April 2015
The employee cannot be forced to work, he is at his liberty to resign provided he abides by the conditions of employment.


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