• Resignation not accepted after serving of notice period

Hello,
I have resigned from my company on 11th October 2018 and my last working day was on 11th January 2019 after the due completion of notice period. However, I have not received any communication about my acceptance or relieving from the company. I am due to join my other employer by next week.
Is there any legal recourse possible in such case
Asked 10 days ago in Labour from Kolkata, West Bengal

You have served the 3 months notice period after submission of resignation 

 

2) inform your company that you shall not be coming to office any more and to furnish you relieving letter and experince certificate 

 

3) also request company to clear your outstanding dues 

 

4) if company fails to do so then issue legal notice to company to clear your dues and give experience certificate/ relieving  letter 

Ajay Sethi
Advocate, Mumbai
55640 Answers
3355 Consultations

5.0 on 5.0

What was the mode of your resignation?

Siddharth Jain
Advocate, New Delhi
2675 Answers
29 Consultations

5.0 on 5.0

Hi,

In the present circumstances, you may send a legal notice through your advocate asking the relieving letter.

Ganesh Singh
Advocate, Delhi
2037 Answers
1 Consultation

4.5 on 5.0

No you can certainly join them. Send them a legal notice to provide you relieving letter and proceed towards F&F. 

Prashant Nayak
Advocate, MUMBAI
4010 Answers
2 Consultations

4.8 on 5.0

Give a legal notice to company for experience letter , resignation letter and for full and final settlement . Of the they on legal notice fail to provide you same you can give a complaint to labour commissioner.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that though you have duly completed your notice period, but in dilemma as to whether the same has been accepted or not.
  2. Let me tell you that there is an agreement of employment must have been executed between you and your company, and according to that only you have served the  notice period.
  3. And I believe that you also communicated your desire to leave the company for sure before serving the notice period, that is enough to call your step as per law of the contract and employment.
  4. Now, you should write a mail to your company and leave asking for all relevant documents.

Rest, if you like my answer then can consult me through Kaanoon for further legal assistance, if needed...!

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
2819 Answers
6 Consultations

5.0 on 5.0

the employer can deny accepting the resignation letter only if the resignation letter doesn't  fit any specific format and doesn't  fufill the obligations of your employment contract. The employer is responsible for explaining what you need to do to exit in good faith; after you give your letter / speak with them on resignation. 

Mohammed Mujeeb
Advocate, Hyderabad
3835 Answers
2 Consultations

4.5 on 5.0

Well, silence in legal parlance is considered to be acceptance on many circumstances.

Since you have already served the notice period and tendered the resignation letter as well, there is no need to ait further.

In that circumstances join in the new job without delay.

Good luck.

Devajyoti Barman
Advocate, Kolkata
14982 Answers
207 Consultations

5.0 on 5.0

Hello,

Write a letter or email and write the detail and refer your earlier mail chain and ask them for a relieving letter.

Regards

Swarupananda Neogi
Advocate, Kolkata
858 Answers
2 Consultations

4.8 on 5.0

Hope you have enough evidence that your resignation notice served to them and they acknowledged. in that case you are on positive side. even you can consider that your resignation is accepted as they kept silence on your paper. legally they have accepted as they didnt inform that it was not accepted, or any other negative communication during notice period.

 

G Suresh
Advocate, Chennai
223 Answers
1 Consultation

4.9 on 5.0

Dear client, 

Since you have already served your notice period, mere non acceptance will have no repercussion. And relieving documents if not given than can complain to Labour commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

If your resignation has not been accepted then you should have either served the notice period physically or by sending a cheque towards compensation.

Are you having an acknowledgement for the resignation letter sent by you.

If so, you can send a legal notice demanding your relieving letter and F&F settlement.

Let them give a reply after which you can plan further course of legal action.

 

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

You need to inform your decision to the management of the company and ask for their answer as you have already completed your notice period and company has not provided you the relieving order you need to get the answer from the management otherwise you can go to the police station and file a complaint of harassment against your employer

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4073 Answers
9 Consultations

4.9 on 5.0

1. Serve a lawyer's notice to the company to issue the relieving letter and make the final settlement.

2. A suit for mandatory injunction will have to be filed by you if the relieving letter is not issued despite the notice.

Ashish Davessar
Advocate, Jaipur
24821 Answers
698 Consultations

5.0 on 5.0

Don't worry , don't wait for their relieving letter , you simply demand experience letter and join another company and say in new company that availability of experience letter is under process.

Koshal Kumar Vatsa
Advocate, Gurgaon
688 Answers
1 Consultation

5.0 on 5.0

In such a case where the company is stalling the acceptance of your resignation give a  legal notice and duly inform them that you have served the notice period and therefore you are not obligated to remain in the company and hence the resignation deemed to have been accepted.

Regards 

Rahul Mishra
Advocate, Lucknow
2033 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

Once the  mandatory notice is issued,  you need not wait for their relieving letter.   It  the employer fail to relieve you or not showing any interest to relieve you can walk away  happily  on completion of the  2months Notice period. Before leaving  you  ensure   your  self that  you  do not leave any  scope to the employer  to pull you in to litigation.    All your job  related  responsibilities  as per your employment  contract you have to full fill.  Once you walk out  it  for the employer  to settle your A/c,   else  it  is an offence. 

Netravathi Kalaskar
Advocate, Bangalore
925 Answers
3 Consultations

5.0 on 5.0

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