Resignation mail not accepting

Send the resignation letter, duly signed by you, by speed post with A/D addressing it to the authority who signed on your appointment letter and also send a copy to your departmental head and immediate boss.

Before thinking for court procedure, I suggest you to create evidence in your favour....court will always ask for evidence and proving emails are very tough. Try to get something from the office which may prove that you were present in the office during the notice period....try to gather evidence first that is most important at this stage.

I will do the same . but tell me how long it will take if i go for legal action ?

Kindly follow the advice of learned experts/members.

It shall be good if you can attach the copy of your bond. You may erase the names and logo etc to maintain the confidentiality.

Or you may visit a competent and experienced service lawyer/labor consultant and show the copies your appointment letter/bond, standing orders of the company, emails etc and give inputs in person, and proceed under expert advice. Your lawyer may ask you a set of structured questions and may opine that you are a workman and also that bond is a violation of standing orders of the company and is void, illegal, arbitrary, inequitable, unconscionable and legally unenforceable.

Indian labor laws limit the choice to employer.

In a given situation employee can invoke ID Act, SE Act, Payment of Wages Act, IESO Act etc as per explanation of employee under these enactments.

Or the employee can agitate in civil court.

Remain amiable, cool, and composed, and apply exceptional levels of persuasion, persistence, reasoning, negotiation skills, and build written and favorable record.

Do not give the company any opportunity to charge you on any count.

Do not spare any opportunity to record and prove the misconduct on part of the company. Employee should record such transactions{audio/visual and keep witness/evidence}.

Usually the line management/ HR shall subject the employee to a drill of transactions/negotiations and shall avoid giving anything in writing, as majority of the employee get subdued and suffer later.

It is felt that in your case both are reading from the scriptt which has already been decided by higher offices in your case. Ideally speaking such individuals are not fit to be left to loose around in a civilized society.

Instead of getting bogged down by the communications/ transactions/negotiations/tantrums remain firm, but amiable and succeed in getting the dues as suitable to you and stand of the company in writing. If you have in writing you may rake up the issue after getting your acceptance of resignation, work experience/service certificate, relieving letter.

You have posted that:

--“ i am working in a it company . i hv completed my bond last month .”

If you have completed the tenure of service as expressed in bond then you are free from the shackles of the bond.

Now what is the issue? Has the BOSS of HR stated to you verbally or in writing that your period of bond can be increased or being increased in line with some stupid/nuisance clause in the bond???

Is there any clause in the bond that states the period of the bond can be increased…say…”If you are on a project the period can be increased till the project is completed…”????

---“ i hv send resignation mail to hr and my mannager , they are not accepting .”

Apparently both of this boss and HR and do not want to release a bonded employee……

God knows that when good fortunes shall enable them to have a bonded employee who shall honestly complete the bond and work sincerely for bonded period as per dictates and tantrums of the management.

Have they declined to accept in writing???

Or have they declined to accept verbally in office??? Even verbal statement made to you can be inserted by them in your personnel file and later the company can claim employee was informed in office by BOSS and HR personnel.

You may dwell on it and decide to submit a carefully representation to good offices pointing out the declinature by Mr/Ms…..designation….Dept…..address….on dated….in office….without providing any reason or justification, and that you should be allowed to examine your personnel file being maintained by the company within dated…….and/or to inform you the mutually convenient date/time in writing, for examination of your personnel file. You may add that the correct reason and justification and rights by which these ladies and gentleman can accept or decline your resignation be informed to you, in writing, along with minutes of discussion posted by them to company in your personnel matter..

You may submit the notice of resignation by letter addressed to good offices of your appointing authority, MD, Chairman {company secretary if you wish} thru redg. post { PO keeps record of Redg. post for probably 18 months and speed post for 3 months} mentioning that subsequent to your resignation by your email dated…….{ printout attached}you are submitting notice of resignation by letter and w.r.t . clause number …….in appointment letter dated…..issued to you are tendering notice of ……days….and your effective date of resignation/last day in office shall be dated……

You may mention that good offices and company should supply the acknowledgment of notice of resignation by redg. post only , and supply all communications to you by redg. post only and postage prepaid self addressed envelope bearing postage stamps of Rs…is enclosed for sending the redg. post to you.

You may request the good offices to inform you to whom you should handover the charge and company property and the designated employee of the company should handover the proper acknowledgment/receipt on the spot, and that routine duties only may be assigned to you which can be completed up to and within your last day in office, and that company should supply you the acceptance of resignation, work experience/service certificate, reliving letter, correct FNF statement, FNF dues payable to you by bank DD only, Form 16 as per correct FNF statement, PF number, PF a/c slips, attested copies of PF withdrawal/transfer forms { you may submit the PF forms},NOC/NDC etc on/within your last day in office.

The state of Karnataka has ended the blanket exemption granted to IT companies from the provisions of IESO Act. All companies should frame their standing orders in 6 months. Till that time Model Standing orders shall apply. These may be available at Dept. of Labor website of your state or you may buy from market.. A soft copy is attached.  

13.  Termination of employment

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

You may go thru the attachments and some of the highly informative threads initiated by employees.

https://www.lawyersclubindia.com/forum/What-steps-to-take-for-absconding-employee-72511.asp