• Acceptance of resignation with retrospective effect

Can a resignation be accepted with retrospective effect?I have tendered resignation with immediate effect on 30th September.But resignation acceptance letter dated 10th January says resignation has been accepted wef 30th September.Is it legal?Does that mean even if I was working somewhere in between it would have been legal and not double employment?
Asked 5 years ago in Labour

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26 Answers

Yes a resignation can be accepted from retrospective date. Yes it is legal company can do same as your resignation was accepted on 10 but the date of resignation was taken 30th only you have not worked after that. Sir you have been working after september 30 anywhere it will be legal no double employment. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your resignation has been duly accepted by employer with effect from 30 th September 

 

it is legal as your resignation has been accepted but only intimated later 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

If you were working after 30th September then this letter have no legal value but in case you have a stopped working after 30th September and no acceptance letter has been issued to you in this regard then this later is good enough to accept your resignation from that particular date this can be used as a record in your future employment that you have been relieved from that Organisation on 30th September but the date of acceptance maybe as the date of the acceptance letter

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Any order can only be prospective and cannot be retrospective.

2. Another question arises as to when you were relieved from the post?.

3.  In case your relieving date is subsequent to the date of your resignation, then did you get your salary till the date of your resignation?.

4.  If you consider the acceptance of your resignation letter dated 10th January as legal, then your working from 30th September elsewhere will not be considered as double employment and is legal.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

No it means the resignation was accepted on 10 with effect from 30 september only. The order date is just 10 . This is done by government and limited company there is no issue in same. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It means your resignation was accepted on 30 th September but communicated only on 10 th January 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

If the acceptance of your resignation letter was signed by the Competent Authority on 10th January, then it has to be inferred that your resignation was accepted on 10th January only and you are entitled to get your salary till 10th of January.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

resignation is valid and legally acceptable if resignation letter signed by employer on 10 January

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

double employment rule in India means being employed by more than one employer at the same time. This means that an employee occupies a full-time employment and receives wages from one employer while having an additional job in another organisation.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Your resignation has been accepted from the date of yor request hence there is no legal infirmity in issuing the confirmation letter on a different date at a later stage.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The official letter states that your resignation has been effected from the date of your request hence you should not have any further doubt in it.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

the resignation was tendered on the 30th of September. therefore if they accept the resignation you shall be deemed not in service from 30th September. it is perfectly legal and this is the way it happens. the authorities check whether any enquiry/ criminal case/dues are pending against you and then it will grant approval. therefore it takes time.

regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Your resignation has been accepted with immediate effect i.e w.e.f 30th September. There is nothing illegal for you to have worked between the period on which resignation was tendered and communication of acceptance was received by you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

No date of acceptance of resignation has to be taken into account when it has been accepted so in the intervening period if you are working any where is legal.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You left the company after giving the resignation or you were still working there ?

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If the same has been accepted retrospectively and during the said time you were working some where else then in that case you do not have to worry 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Yes, it can be. The employer is at liberty to accept resignation letter with retrospective effect and however is bound to pay the salary for the period during which you have worked.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

It is the case of late communication. If you have not worked then you can not claim salary  

 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You cannot claim salary till January 

 

it apoears to be case of late communication 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

DEAR SIR

Be informed any order (even court order) can be implemented and taken into action only on the date of communication to the concerned party. In this case you are the “concerned party” as such you can claim salary till 10 th January legally. It is not your botheration if there is delay in communication.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

If you have worked upto 10th January then you can protest the acceptance of resignation in a retrospective  date and also can claim salary upto the last date of working.  

You should always justify your claim.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

No the resignation would be deemed to have been accepted from the date you gave the resignation. The authority has confirmed that it has accepted your resignation from September. regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

See authority take time to approve since you have not worked till january you cannot claim salary it is just late communication.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If your attendance or gate entry is there you can otherwise don't invite unnecessary problems. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You cannot claim salary upto 10 january. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No it will not as you have resigned from the said Office if they have accepted it after a long it's their issue. It's not double employment

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

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