• Terminating from employment on short notice

I had sent a resignation email two months ago and i did not see any acknowledgment to that. But after having a discussion with my manager i had sent a resignation retraction email a month ago and no acknowledgement as earlier. But yesterday HR told me that your resignation has been accepted and your last day will be October, 16.

I would like to know the legal existence on this. My actual notice period is 3 months and on breaking the contract either of us liable to pay 3 months of basic pay. 

I would like to know your thoughts on this?
Asked 6 years ago in Labour

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7 Answers

If you had sent a resignation two months ago and now they have told you that last day of your work will be oct 16, then that makes a total of 3 months from the day of your notice of resignation.

That means they have prospectively accepted your first resignation.

In effect they are fulfilling the mandate of the contract.

As soon as you receive the mail that oct 16 will be your last day you can reply to that mail be saying that you had retracted from the resignation offered previously, but please bear in mind that accepting the resignation and not accepting the retraction from it is upon the HR team.

Best

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1)you have submitted your resignation 2 months back

2)your resignation has been duly accepted by the company

3) if you retract your resignation the management has to accept your retraction

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi, There should be the concept of 'email delivery receipt' ( whether the tool is outlook / lotus ... etc., ) . These kind of email communications should be acknowledged or delivery receipt should be received on delivery. Otherwise, the resignation email you sent is void officially.

you can discuss with me for more info.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

No I mean to say that they have considered your resignation and have not considered your retraction for it, and yes they are not bound to give a written reply for not accepting retraction.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You've to serve a notice period of 3months from the date on which your resignation was accepted. If you're being relived any time before, you may in lieu of it, seek competition/salary for the remainder period out of the said duration of 3 months.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

You have sent your resignation with notice period and the same has been finally accepted by yor company and they have even accepted yor notice period and accordingly relieving you on the said date, then what is your problem in this.

Is the notice period short of three months, then it is the problem of the company asking you to pay the compensation for the shortfall period.

If the company did not insist on this then it can be understood that the company has waived the same.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You mean to say that the resignation notice does not need any acknowledgement but the retraction, it requires an acknowledgment.

Since the company has responded to your resignation, it is an acknowledgment, so there is nothing else you can do about it.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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