• Non-acceptance of resignation by company

Sir
 Im doctor by profession,and working under contract with a W.Bengal,based pvt company.My contract expires on 30th April15.Now i an getting new job with good salary.My notice period is 3 months but according to aggreement i have right to leave anytime by paying 3 months salary.i had no much time,to inform because it was a walk-in interview.so 0n 6th Feb I informed them and on 
11th march I resigned.But still now they r not saying anything regarding my resignation,nor giving  me relieving letter.They even not talking to me,regarding this matter.my joining is on 16th march.what should I do.please advice me.
Asked 2 years ago in Business Law from Balurghat, West Bengal
1. You shall have to give three months notice or pay three month's salary in lieu there of,

2. Since you could not give three month's notice, have you refunded/paid three month's salary in lieu of the notice period alongwith with your resiagnation letter?

3. If not, you should immediate issue them a cheque to that effect,

4. After that you can claim the relieving letter from your employer,

5. You can also join the new organisation if they allow you to join without releiving letter,

6. You can claim the relieving letter later on if you have resigned properly as per the terms laid down in your appointment letter or service conduct rule of your present company.
Krishna Kishore Ganguly
Advocate, Kolkata
15512 Answers
377 Consultations

5.0 on 5.0

1) it is necessary to peruse terms and conditions mentioned in your appointment letter

2)since your contract expires on 30th April 2015 you have option to wait till expiry of your contract period . 

3) you submitted your resignation letter on 11th February  2015 . as per your contract you have to give 3 months notice period . 

4) if you dont want to give notice then offer to pay them for the shortfall in notice period ie till expiry of contract  period 

5) send a cheque for shortfall in notice period and stop attending office from 16th march onwards . 

6) if the management en-cashes your cheque hat would imply thy have accepted your resignation . 

7) request them to furnish relieving letter . if they fail to do so issue legal notice as per terms of your employment
Ajay Sethi
Advocate, Mumbai
36408 Answers
2021 Consultations

5.0 on 5.0

Hi,
1. since getting a reliving letter  from the employer is important . So first write to the management to issue you the relieving letter agree to pay the  notice period amount as per the contract.  

2. If possible meet the concerned authority in person and give the cheque for the notice period and get the relieving letter.
3. in case the management is not responding to your mail/letter send them Legal notice demanding the relieving letter.
Thresiamma G. Mathew
Advocate, Mumbai
1479 Answers
120 Consultations

5.0 on 5.0

1. As per your contract you are bound to give 3 months notice or 3 months salary in lieu of notice. 

2. Since you did not give three months notice it is imperative that you give three months salary. Remit the salary through a cheque. 

3. If the relieving letter is not given in spite of the salary equivalent to the notice period being paid by you then issue a lawyer's notice to the employer to demand the relieving letter. Your subsequent employer may not allow you to join without the relieving letter.
Ashish Davessar
Advocate, Jaipur
21587 Answers
577 Consultations

5.0 on 5.0

Normally the service contracts or service rules or letters of appointment contain a stipulation that an employee can resign from the service after giving a notice of one or two or three months and failing which the employee has to pay salary corresponding to the notice period. The contact is binding on you under the Contact Act and the company is entitled only to remaining month of salary, but they can not dishonestly withhold relieving letter.

Send a legal notice to the said company calling them to accept of your resignation letter, failing which you can lodge a complaint to Labour Commissioner, Govt. Of West Bengal ,at New Secretariat Building, Kolkata-700001.
Minansu Bhadra
Advocate, Kolkata
268 Answers
25 Consultations

4.8 on 5.0

Dear Querist
if you are ready to pay an amount of Three months salary then they are bound to accept your resignation as per the terms and condition of the appointment letter.

If they are not reply on your resignation then immediately send a notice with the money through your counsel and demand relieving letter from them if they are not ready to accept this then you may file a complaint before labour commissioner against them.
Nadeem Qureshi
Advocate, New Delhi
4345 Answers
193 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer