• Salary held after resignation withdrawal before acceptance

I have asked to resigned compulsory by my senior on 12 Feb 2020 with 3month notice pay. On there compulsory I have mailed my resignation , Till 23 Feb i didn't get any acceptance reply from my senior so i have withdrawn my resignation saying i have not received acceptance of my resignation which was forcefully made me to resigned.
On 26th Feb 2020 my senior replying on my 1st trail mail accepting my resignation marked copy. to Hr.
HR send mail to HR salary dept saying to process my salary in normal mode for 3month as per my request.
I have replied i was forcefully resigned and there was not reply of acceptance of my resignation for 10days and i have withdrawn my resignation on 23rd Feb . So i cant accept the resignation mail of you . i will continue my current responsibility.
Till march month i have received my salary.
On april 20th HR has send a mail that we have accepted your resignation you last working day is 19th April. You april month salary will be process on your final settlement.
I need you guidance how to handle the situation .
I have mailed my withdrawal of resignation before acceptance in Feb month. They are reply my resignation is acceptance and my april month salary will process in settlement ( communication on april month today is my last working day .
Asked 5 years ago in Labour

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24 Answers

Employer has authority to teminate employee by giving notice as per appointment letter.

Since resignation has withdrawn so company cannot act upon same resignation letter but a fresh one. 

You can challege this in labour court but thing will remain same, company can terminate by giving notice period or payment in lieu of notice p.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can reply to this HR emails that in such a COVID19 lock down situation they can accept the resignation and continue your employment as they did initially. so now there is no question about repeating same questions twice, Once the resignation is withdrawn than how can they re send the email of resignation acceptance that too the last day will be 19th April which they have continued your employment.

 

You may complaint against company to state or central government regarding stopping of the salary and employment forcefully asking for resignation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You may first issue a legal notice to the employer stating that since you have already withdrawn the resignation letter on so and so date, the after thought action of accepting yor resignation is illegal and also since you were actually forced to resign the job, the action of accepting your resignation at a later date is illegal and invalid in law. and you may be reinstated by setting aside the orders of accepting your resignation.

If the company is not accepting your request then you may file a writ petition against the company on the same lines before high court seeking the relief to set aside their decision of accepting your resignation and to reinstate you with original status.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It is better to accept salary for month of April and leave organisation 

 

the company may otherwise terminate your services and it would affect your future employment prospects 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir/Madam,

You are suggested to decide as what to do finally i..e to contest the matter with the employer or to leave the company and look for other option. If you wish to contest with employer, you are suggested to serve a legal notice to the employer to take his words of resignation mail and also the acceptance of the resignation back and pay you the salary as usual terms and conditions. If you are not willing to contest, then accept the dues as applicable to you and look for other opportunities.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

-The Supreme Court has held that an employee can withdraw his resignation during the notice period and is entitled to consequential benefits from the company if he is not allowed to work.

- Further, the resignation can always be withdrawn by the employee before the effective date mentioned in such resignation.

- Further , it is not open to the management to accept the resignation with immediate effect, specially when the employee has mentioned a specific date in the resignation from which such resignation is to come into effect.

-  Further , the employer cannot refuse the request for withdrawal of the resignation and to prevent the employee  from discharging his/her duties.

- Further,  the resignation decision is the employee’s decision , and the option is available only to the employee to withdraw it during the notice period.

- Since, you have tendered your resignation on 12.02.2020, with three months notice period , i.e the notice period was going to lasted on 12.05.2020, and during this period , it was open for you to withdraw your resignation legally, and your company was not having right to accept the same with immediate effect before expiring the notice period.

- Hence , the acceptance of resignation , even after withdrawing the same , is against the law.

- You should sent a legal notice , after stating the details , and thereby ask to issue a letter for the continuation of job on the same position . 

If, no response , then you should approach the Labour tribunal , and you can file a Writ petition for the same. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can continue to job as you have already withdrawn your resignation before the acceptance of it. 

Still if they create any dispute with you than you can file a writ in the civil court to continue your job.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

From your input, it seems that your regisnation was accepted by the Boss and then your email was sent for withdrawal of resignation. Your department was required to send you email of the non acceptance your withdrawal of resignation. You are, therefore, requested to serve a legal notice on the employer for doing the needful and withdraw their action.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If you have with drawn your resignation prior to its acceptance then management could not have accepted your resignation 

 

inform HR that your resignation was with drawn . Enclose copy of your with drawal letter 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- However , you should send a notice even via email, to the said HR , after stating the facts in details , and thereby mention that you have already withdrawal the resignation and continued the work. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Complain to labour commissioner. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You need to send them a legal notice then approach the labour court or dy labour commissioner office for appropriate remedy against the said employer

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You were suggested to resort to legal action if the company's management stick to their decision to send you out of the company.

You may issue a legal notice intimating them to cancel your resignation letter on the basis of the immediate email you had sent earlier seeking to withdraw your resignation letter dated....... and to set aside their orders to remove you from the service on the basis of your resignation letter.

If there is no response to your legal notice then you may approach high court with a writ petition seeking relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Go for temporary injunction against your fraudulent acceptance of the resignation 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You first give the intimation that you have not resign from your current position and process with April 2020 month salary. After COVID 19 lock down period over you will talk about resignation. 

 

In this war type situation employer can't do this type of things when withdrawal of resignation is already done.

 

If still they do not listen to you than later on you can mark in CC labor registrar , labor commissioner and Labor ministry of state.

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Speak with your boss directly and ask him to send the acceptance letter if you wish so.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Hello,

  1. It is important to know whether you were asked to resign against your will in a written communication. If you have an email or a letter asking you to resign from your employment, this can help you in getting the statutory compensation.
  2. There is always a possibility of your letter of resignation and the subsequent withdrawal being used against you to establish your lack of commitment to work. Therefore you need to be careful in whatever you now correspond with the company.
  3. In any case even if the company terminates you without any notice, all you can claim is what the employment contract guarantees. It could be three month's pay in lieu of notice. Therefore all you need to do now is to write to the company that as discussed you had withdrawn the resignation as per the trailing mail and you haven't heard from them and therefore request to stop the exit procedure and allow you continue in employment. Despite this if the company continues to follow steps and eventually complete the process of your exit, you can send the company a legal notice through a lawyer and seek adequate compensation. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. My opinion is that you should search another job because you continue with this job now it will be on cost of your self respect.

2. You legally cannot force your employer to keep you under employment once resignation is accepted and they haven't responded to your withdrawal of resignation mail. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

till your resignation is not accepted by your employer, you can revoke the resignation. The revocation of your resignation should me made by you in writing giving a valid reason of you revocation of resignation.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

general rule is that once an employee has resigned, it cannot be reversed unless the employer agrees to it. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Resignation can be withdrawn before it is accepted.

2. If the employer has told you that it has accepted your resignation, but you still insist on having withdrawn your resignation before acceptance, the employer may eventually terminate you which will be be a scar on your CV and make job prospects in a recession hit economy like ours all the more precarious.

3. Even if you go to court and succeed in getting a declaration that your resignation was incapable of being acted upon and accepted by the employer as you had already withdrawn it, nothing prevents the employer from terminating you the next day. The scope of judicial challenge to a termination by private employer is very narrow. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

  1. As per the information mentioned in the present query, makes it clear that the conduct of the company is showing that they are not concerned about the chance of representation by the employee, but just to put pressure on them.
  2. I would like to apprise you that you have not resigned from the company but have illegally been terminated by them.
  3. If they don’t continue to have you there for them then you may have to file a suit for heavy damages for illegal termination before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Once you send a resignation it is out of your hands. Even if you sent the letter taking back the resignation it didn't reach before the 1st one. Hence they can accept the resignation.

They have to give you the salary as promised.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file a case with the labour court stating that the resignation was signed under pressure and coercion and hence does not remain valid.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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