Employer not accepting my resignation

Dear LCI Querist @Mr. Dhirendra Dhiraj,

Although you have read the thread from beginning you have not posted full/detailed information.  

Your post gives limited information and it is guessed that;

You have worked for 3 months and notice period is 60days.

The 60days notice period may not be necessarily applicable in your case.

The company may not be in a position to decline notice pay in lieu of notice period, per provisions of enactments applicable to establishment/employer/employee.

Has the next employer declared in writing that Relieving Letter from previous employer is mandatory, and joining time will be 15days?

Have you submitted during interview and in writing by communication or in any of the job application etc that existing notice period in current employment is 60days an required joining time is 61days?

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Do you have copy of notice of resignation/acknowledgment issued by office/employer/designated person, POD of having submitted notice of resignation? Has company stated in writing in any document/communication that notice of resignation/final resignation can be tendered by email or by signed letter? Have you submitted signed letter of notice of resignation under proper acknowledgment?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Do you have sufficient evidence that ‘NO Tasks’ are pending at your end? What exactly is the reason for declining to accept notice pay in lieu of notice period? Is this reason communicated to you in writing?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC, Copy of exit form/formalities etc etc ……………?

From your post IT is obvious that you want to and are rather desperate to join the Govt. Job.

While you can submit the copies of salary slips, salary deposited in Bank a/c, offer/appointment letter, joining letter, copy of resignation by email…………..that are matter of record, you must build some written record and irrefutable evidence  to mind your interest I future.

Therefore your pointwise information to all points as above in required to make some suggestions that can help you.

Generically speaking;

You must mention in notice of resignation by letter thru Redg. Post (Followed by email) and subsequent communications that;

You have tendered notice period of …………….days starting from dated………….and your LWD is dated…………..NO Tasks are pending at your end, brief mention of your devoted duties and appreciations/awards/rewards/incentives  that you have got for satisfactory/extraordinary/sincere work done by you, NO show cause notice/stinker ever issued to you, and ask to whom you should handover the company assets (if any) charge within and upto LWD, and routine duties be assigned to you that can be completed on daily basis within and upto LWD…..

You may indicate your own FnF statement on earned wages/OT/Incentives/leave enacshment/bonus/ etc etc and affirm to adjust notice pay as per correct  notice period applicable to you @ correct notice pay…………….and arrive at approximate final amount payable by you to employer or employer to you and ask to verify and confirm by supplying you the correct FF statement, within and upto LWD……………….and complete exit formalities if any, supply you on LWD the required docs e.g; salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC, Copy of exit form/formalities, service certificate, relieving letter etc etc…………..

On LWD submit final resignation……

You have the option to tender payment of notice pay by cheque in advance and ask to reduce the FnF wages in correct FnF statement by adjusting and showing the notice pay in FnF statement and to supply you the acknowledgment of cheque………

Service certificate should be issued to all employees.

Although you have read the thread from beginning you have not posted full/detailed information.  

Your post gives limited information and it is guessed that;

You have worked for 3 months and notice period is 60days.

The 60days notice period may not be necessarily applicable in your case.

The company may not be in a position to decline notice pay in lieu of notice period, per provisions of enactments applicable to establishment/employer/employee.

Has the next employer declared in writing that Relieving Letter from previous employer is mandatory, and joining time will be 15days?

Have you submitted during interview and in writing by communication or in any of the job application etc that existing notice period in current employment is 60days an required joining time is 61days?

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Do you have copy of notice of resignation/acknowledgment issued by office/employer/designated person, POD of having submitted notice of resignation? Has company stated in writing in any document/communication that notice of resignation/final resignation can be tendered by email or by signed letter? Have you submitted signed letter of notice of resignation under proper acknowledgment?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Do you have sufficient evidence that ‘NO Tasks’ are pending at your end? What exactly is the reason for declining to accept notice pay in lieu of notice period? Is this reason communicated to you in writing?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC, Copy of exit form/formalities etc etc ……………?

From your post IT is obvious that you want to and are rather desperate to join the Govt. Job.

While you can submit the copies of salary slips, salary deposited in Bank a/c, offer/appointment letter, joining letter, copy of resignation by email…………..that are matter of record, you must build some written record and irrefutable evidence  to mind your interest I future.

Therefore your pointwise information to all points as above in required to make some suggestions that can help you.

Generically speaking;

You must mention in notice of resignation by letter thru Redg. Post (Followed by email) and subsequent communications that;

You have tendered notice period of …………….days starting from dated………….and your LWD is dated…………..NO Tasks are pending at your end, brief mention of your devoted duties and appreciations/awards/rewards/incentives  that you have got for satisfactory/extraordinary/sincere work done by you, NO show cause notice/stinker ever issued to you, and ask to whom you should handover the company assets (if any) charge within and upto LWD, and routine duties be assigned to you that can be completed on daily basis within and upto LWD…..

You may indicate your own FnF statement on earned wages/OT/Incentives/leave enacshment/bonus/ etc etc and affirm to adjust notice pay as per correct  notice period applicable to you @ correct notice pay…………….and arrive at approximate final amount payable by you to employer or employer to you and ask to verify and confirm by supplying you the correct FF statement, within and upto LWD……………….and complete exit formalities if any, supply you on LWD the required docs e.g; salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC, Copy of exit form/formalities, service certificate, relieving letter etc etc…………..

On LWD submit final resignation

You have the option to tender payment of notice pay by cheque in advance and ask to reduce the FnF wages in correct FnF statement by adjusting and showing the notice pay in FnF statement and to supply you the acknowledgment of cheque………

Service certificate should be issued to all employees.

Relieving letter signifies that employee has resigned and nothing is pending at the end of employee.

Therefore every employee (Like you) must build irrefutable written record to refute allegations of employer and IT’s attorney’s in Line Management/HR/Admin/Personnel/Legal cells……………..for having any pendency of Tasks/having caused any loss/having absconded-abstained-absented……….. 

AT the same time every employee (Like you) must mention notice period/joining time in future employment applications and take next employer in confidence that current employer is unwilling to accept resignation in less that joining period/time given and may delay /or not issue the acknowledgment and acceptance of notice of resignation/final resignation, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC, Copy of exit form/formalities, service certificate, relieving letter etc etc………….. and these documents  can be issued ONLY by current/past employer and cannot be supplied/submitted by employee until these are received……………………..and employee can submit these ONLY upon receipt from current/past employer………………and employee has asked current/past employer to supply these……………. 

And that employee should be absorbed in employment on the strength of copy of joining letter/resignation and IT’s POD, alone…………..

Employee should develop rapport with bosses/employer in next establishment and they can support.

The current/past employer cannot affix any liability on next employer….

Rest you may respond poitwise to all points.