• Employer not accepting resignation and not responding

Dear Sir,
I have resigned my organisation in Oct 2014. According to the organisation policy I had to give 90 days notice. But I did not give full 90 days notice instead I was ready to pay my settlement amount and move out. After following up continuously no one is responding and they have still not given me my resignation acceptance. I stay in Maharastra and Employer is in Chennai.

 Can I take any legal action. Please guide
Asked 7 years ago in Labour

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11 Answers

it has been long 3 years since then, what were you doing since then?

Also did you pay the amount in lieu of the notice period?

Did you had any recent conversation with the HR of the previous company?

In such a case if nothing has been done by them for 3 long years it will be considered as Deemed Acceptance and you may issue them a notice to this effect.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Send a legal notice, calling upon them to forthwith relieve you from service after payment of the full and final dues to you. Indicate that you're willing to buy out the notice period and hence, they may adjust this amount in the final settlement.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Send email or speed post for resignation

If already done send them a legal notice through Advocate 15 days prior to completion of ur notice period

Harsh Kumar Sachdeva
Advocate, Delhi
44 Answers
3 Consultations

1. It is not clear whether there is clause of paying for notice period.

2. In many organisations there is clause of paying for notice period.

3. Legal action to be taken is time consuming .Hence there is advisable that you resolve the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

Yes, you could do that.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You can just ask the previous company to provide you the same, there is no legal right per se which can be enforced. The fact that whether the new company will accept this fact that you do not have a relieving letter is a matter of fact and can not be told before hand.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) it is necessary to peruse your appointment letter

2)if you are required to give 90 days notice then you msut serve the notice period

3) it is at discretion of company to accept notice pay in lieu of notice period

4) no need to take legal action

5) serve the notice period and leave the organisation

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

you can inform your employer that first employer is refusing to give any acceptance letter

2) mention that no notice as issued by your employer nor any legal proceedings taken by first employer

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

without any hesitation

acceptance of your settlement dues is the acceptance of resignation by your 1st employer. and further they have not raise any objection till date regarding your 2nd employment claiming that your are their employee.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

If you have been following up with the company since 2014 about it, what made you not to take legal action against the company.

Even now first you issue a legal notice demanding your relieving letter based on the resignation letter submitted long ago and can inform the company to deduct the notice period amount from the F&F settlement.

If there is no response then you can approach labor forum for necessary reliefs

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

The demand made by the new employer to produce the relieving letter from all the previous employers is unjustified especially if you have worked more than one year with the current company.

You can produce the efforts taken by you to procure the same which all turned out to be waste.

In the meantime you can write to the previous employer about this and seek his intervention and to provide the relief sought.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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