I am working in a deemed University as a faculty in Chennai and now I got a job in dehradun which is near my hometown (Ghaziabad). I put my resignation letter but management is not accepting my resignation. I mentioned some personal issue as a reason for leaving but somehow my HoD got to know about my job and now they are telling me to take leave for 3 months and finish my personal issue and come back but I need to leave asap. Because I need to join in dehradun. As per my appointment letter I am supposed to serve a 3 month notice period or else have to pay 3 month salary. I am ready to pay but due to some administrative work in University they want me to stay for one more semester which is not possible for me. I have not signed any contract or legal bond with University so they must accept my resignation but they are not doing so. What is the proper solution for this problem? Even my documents are also with University. I need relieving letter and experience certificate along with my academic certificates. Please suggest me the proper way to handle this situation.
I have resignation email and scanned copy of resignation letter which is signed by HoD and registrar but I don't have original copy.( I gave it to Vice chancellor office but he didn't sign it and gave back to HoD office and when I asked for hard copy of resignation letter HoD didn't give it to me). Is it mandatory to have that copy?
You cannot be forced to work against your wishes
2) you have sent email about your resignation
3) serve the 3 months notice period if employer refuses to accept salary in lieu of notice period
4) if your employer refuses to return your original documents file police complaint under section 406 of IPC for criminal breach of trust
Email is sufficient to prove that you have resigned
You can also rely upon scanned copy of your resignation letter
Advisable to have copy of your resignation letter duly acknowledged by employer
But sir I am not in condition to serve notice period, I have mentioned in resignation that I want to get relieved with immidiate effect. Though I am ready to pay 3 month salary.. Does employer reserve the right not to accept 3 month salary and can force an employee to work for 3 months of notice period??
You should send a mail for resignation to your employer as per the terms of resignation as mentioned in the letter of your employment. Along with that send a copy of your resignation through a registered post as well.
In case employer does not accept your resignation even after you have taken these steps, you may issue them a legal notice through a lawyer.
It is at discretion of employer to waive the notice period
You have to serve the 3 months notice period unless employer agrees to accept salary in lieu of notice period
You need to speak to the management clearly to get relieved and in case there is any problem you have to approach to the high court to get direction in this regard so that you can get your documents and relieving well in time
When a employee make up his mind no body can stop him , so send them conditional resignation by mail that you are ready to pay three months salary as per terms of contract but if the NOC or the experience certificate have some importance then think twice and leave in a cordial atmosphere.
If you have an employment offer letter with the terms and conditions therein, you may invoke the clause by which you can put down your papers with observance of the notice period accordingly.
You have to communicate your decision to resign the job in writing, send it by registered post or hand it over in person by getting it acknowledged
Subsequently you may send a communication requesting relieving letter, experience certificate and return of your certificates.
Always create documentary evidences for all such things so that you may be able to initiate legal action agaisnt them in case of any default or any unnecessary problem.
I have resignation email and scanned copy of resignation letter which is signed by HoD and registrar but I don't have original copy.( I gave it to Vice chancellor office but he didn't sign it and gave back to HoD office and when I asked for hard copy of resignation letter HoD didn't give it to me). Is it mandatory to have that copy?
Without any evidence you may not be able to fight back against the authorities.
Hence you send the confirmation copy of the resignation letter by registered post also so that the acknowledgment card will prove as an evidence for the steps taken by you.
Does employer reserve the right not to accept 3 month salary and can force an employee to work for 3 months of notice period??
If there is a clause to compensate the three months notice period by paying salary for the three months, you may invoke that clause and make a mention about it in the resignation letter.
This will take care of all other legal issues.