Yes you can leave your company once you serve the notice period or buy the same. Even if your release letter is absent still legally you can't be stopped.
Regarding Release Letter and suing by employee
Hello Krishna Kishore Ganguly Sir, I have mentioned regarding release letter and suing of company and you have answered that ,you have told Ordinarily, the date of release sought after serving the notice period is mentioned in the resignation letter by the resigning employee.But Sir I had not mentioned any release date because I thought my company would act accordingly.As I am in Prohabation so that is why I have not mentioned anything because i thought to leave them on their hands whether they are going to leave me within 7 days as per prohabation period or 1 month or 2 months.But still not they have replied to my resignation letter.But according to my Joining Letter it is mentioned that I need to serve 2 months notice period and I had given resignation on 10th june.But havent mentioned my leaving date.Heres how i have submittted my resignation letter fronm my office mail id but yes keeping a prroof by BCC my personal mail id,"Dear Sir, Hope you are doing well. Sir, as you know given the present economic situation, which has been further worsened by the Covid-19 pandemic and where competition is everywhere and one's progress is greatly determined by his/her work experience and qualifications. Me being a part of this era I have given a lot of thought on this and have decided to enhance my qualification by pursuing MBA from a renowned College/University for which I need to achieve a good percentile in CAT,etc, This would require proper preparations which would not be possible at present given my current job role. Therefore, I put forward my resignation to you hoping for its acceptance and provision for my relieving/experience certificates. It has been a rewarding experience for me to work in this organization and I am very thankful for the support provided by you and this team. I am also willing to serve my notice period.Kindly inform me about my Release Date.I hope for a positive response from your end in this regard."Now is it possible for me to leave my company on 10th August ?according to my written Release letter?
Asked 5 years ago in Labour
15 Answers
The terms and conditions that were written in the joining letter are important. A 2 month period is written and therefore you can leave the organisation on 10th August.
Therefore act accordingly.
Since you have already tendered your resignation and have decided to work for the prescribed two months notice period, you can inform the company even now that you will leave the company after expiry of the two months notice period and your last working date.
Since you are still under probation you may even plan to observe the law pertaining to resignation during probationary period.
You may consult a local advocate practicing service law for further advice based on your prevailing circumstances.
It appears you are expecting reply from Mr Ganguly alone. So let him respond.
Send another letter to company that you have submitted your resignation letter on 10 th June 2020
as per terms of appointment letter you are required to give 2 months notice
that as per terms of your appointment letter you shall serve the 2 months notice period and your last working date shall be 10 th august 2020
- Your query for Mr Ganguly alone. Hence not replied by me accordingly.
Dear Sir,
As per the your offer letter and email resignation, you would be relieved on or about 10 Aug 2020.
You are on probation and can leave forthwith. And notice period starts from the date of resignation served.
Yes, possible and valid.
Incase nothing happens till 10th August 2020 then please appoint an Advocate on or after 11th August 2020,who is practicing exclusively Labour and Indusrial Law,for issuence of legal notice to your employer. The Lawyer would take care of legally the release and discharge order either from your employer or from the Court of Law.
1. Send the Company another email referring to your this email dated 10.6.2020 and inform them that you are required to be released by them on 09.8.2020 being the last date of the notice period duly being issued the release letter, experience certificate and after settling your final accounts.
2. Thereafter you can leave the Company and stop attending your work from on 10.8.2020.
3. Before leaving the Company, ensure that you return all the assets of the Company you are holding like lap top, cell phone etc and take an acknowledgment of receipt of the same . It is very important as otherwise the Company might lodge a police complaint against you for stealing its assets.
1. You have given resignation on 10th June also you are ready to serve two months notice therefore on acceptance of resignation the release date may be given of the 10th August. You may again mail your manager and ask for confirmation and acceptance of resignation.
1. If they have not replied to your resignation then it is deemed to be accepted.
2. You will be relieved of all your legal liabilities towards the employer once you serve the notice period in entirety.
3. Thereafter, you can sue the employer if you are not relieved.
If you have served your resignation on the company in line with Terms & Conditions (T&C) of your appointment letter, i.e., on 10.06.2020, then your last working will be on 10.08.2020 i.e., two months notice.
You need to take releving letter and no due certificate from your company and also get your full and final settlement done at the time of leaving.
Please go through your appointment letter and abide by the terms and conditions stipulated therein.
I am presuming that you have an acknowledgement to your submission. If not send it through registered post with acknowledgement due.
Please ensure that that there are no financial dues from you. All said and done try to get a peaceful and cordial exit, which is good in the long run.
You can send another letter mentioning last working day with this organization.
