R SUBRAMANIAN (MANAGER OPERATIONS) 22 April 2010

Employee resignation- Exit formalities

I have given my resignation to employer and by this time it has been two months and a week over(though my notice period is one month. They have not accepted my resignation nor they didnt credit salary from March till date. There was a Audit exercise from the company along with vigilance enquiry, out of which they are eying on specific person, and i am not the one they suspected. when contacted with the HR and head office, they said until the final report being submitted to the cmd, they are not interested to relieve me and put my resignation on hold. In this case, i had to miss my new job offer and so far i have not received the salary from march 2010. Is there any way to proceed further legally or to abide by the company's decision. I want to relieve from the services of the company in a good manner.

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5 Replies

Daksh (Student) 23 April 2010

Mr.Aar Yes,

Your problem is more of the HR than of legal. Try to have a word with HR head who in turn can impress upon the CMD that if in case your need for the purposes of enquiry arises you will be there for the same. It is a matter of putting your thoughts across to the management as you yourself have mentioned that you want a Hon'ble exit from organization.

Best Regards

Daksh

1 Like

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 03 May 2010

Dear A Y

Consult a local lawyer. send HR legal notice demanding salary as well as resignation letter. Hr is bound with the terms of the contract.

rakesh (executive) 04 May 2010

i agree with mohd ansari, hr is bound to respond to ur resignation, they can't hold it without any reply and also they can't hold ur salary without any reasons.

rakesh

Kirti Kar Tripathi (lawyer) 23 April 2011

I have already clarified that grant of reliving letter is purely mercy of employer. Even after accepting your resignation, your employer may not issue reliving letter. Once you tendered your resignation, the compliance from your side is fulfilled. Thus in case, you leave the organization, the employer can do nothing except to claim amount under the notice pay for which they have to file Civil Suit and I don't thing an employer will take botheration to claim a meager amount of notice pay . In case, you has given the notice within stipulated period. you are safe. Similarly the employer can not withheld your salary on the ground of breach of contract. Once you have worked, you are entitled for salary, The claim of salary is not dependent on contract. So you can claim salary through process of law. However, the forum, from which this amount is claimed is depends upon the nature of job. If you are workman, you can file application under Section 33-C(2) of the ID Act otherwise you have to file civil suit for recovery of amount. Thus in the present circumstance, I am of the opinion that you consult your prospective employer and explain the position. In case, your employer is ready to allow you without reliving order, you join the services.