Dear Sir, I am working in NBFC firm based in Ahmedabad. I had sent my resignation letter to my supervisor on 30 March 2019. The supervisor has not accepted my resignation. I am giving a notice period of 30 days as well and I am willing to buyback 1 months salary as well. It has been 7 days from giving my resignation , the company has not accepted my resignation. The company where i will be joining next has told me to submit relieving letter on joining day. How should i move forward ? What are the legal remedies that i have to get my resignation accepted and also to get relieving letter from my employer?
1. Once again send Resignation letter through registered post ACK.due.
2. In the resignation letter, clearly mention that you are going to buyback notice period by paying one month's salary.
3. Mention that you need to be relieved immediately and request for acceptance of your resignation, as well as issuing relieving letter and experience certificate to you.
Dear Client,
Approach Labor court for relieving letter. Even if company dose not accept your resignation, after serving notice period or buy back it, not bound to continue with the company.
1. See since you have already sent a resignation letter send a reminder of same to the Supervisor and HR. Further the notice period and the buyback of notice period shall be as per the condition of employment.
You can issue a legal notice if on end of the notice period the relieving letter and settlement is not received.
Dear Sir, I am currently in my notice period right now.My last day of working here is 30th April 2019. Which date should i approach the Labor Court for the issuance of relieving letter.? Will the company provide me the relieving letter immediately after i file a case in labor court or will it be time consuming process? I have to report to my new job on 5th May 2019 with relieving letter. Thanks
You can complain even now that company is refusing resignation and relieving letter.
See you can approach court only after notice period is over. It will take time nothing will happen immediately.
what is notice write mentioned in appointment letter
2) you must serve notice period mentioned in appointment letter
3) it is at company discretion to waive notice period
4) meet your supervisor personally to find out why resignation letter has not been accepted
Litigation is long drawn and expensive proposition
2) seek extension of time for joining your new employer
3) if your present employer refuses to give relieving letter then only go to court
Dear Sir,
The company cannot take any action beyond notice period. You are ready to serve notice period as such if they launch any other legal proceedings against you they cannot be sustain under law. Nothing to worry. Just come out the company and send a legal notice to the company to complete exist formalities, failing which threaten them to launch suit for compensation for mental torture and others.
You can send them legal notice for accepting the same after that if it is still not accepted you can file Complaint to labour commissioner
You should send a mail for resignation to your compamy's HR 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 the company does not accept your resignation even after you have taken these steps, you may issue them a legal notice through a lawyer
What should i tell to my new employer regarding the delay in receiving the relieving letter. ? Can the new employer postpone my induction process without the relieving letter ?
Request your new employer to extend date of joining by one month as your employer is not giving relieving letter
New employer can extend joining period
New employer can absorb you without relieving letter. You can file a undertaking that you will submit it as and when you receive the same from earlier Office
The relieving letter should be issued the same day you are going to leave the company. If the company does not issue the relieving letter it means that your resignation is not accepted and you are still an employee of that company until the company issues the relieving letter.
See you can based on your notice join with new employer if he waive of the condition of reliving letter.
This depend on employer whether he will postponed the relieving letter or not.
Since you have decided to observe 30 days notice period, you may approach the top management to know about the fate of your resignation letter that you had sent earlier.
If you dont get a proper response, then you may plan to issue a legal notice and demand your dues as well as a relieving letter.
Discuss with your advocate and proceed.
You may not get any immediate relief nor an interim relief also if you would approach the labor department.
Your case will be called by deputy labour commissioner first, he will enquire both the sides and then if the talks failed he may send your case to the regular court, where you can seek justice.
You have to convince your new employer somehow and can request them to defer your joining their office.
You my explain the situation and also may produce the documentary evidences for this.