• Not getting acceptance of resignation

Dear Sir / Madam
I have few questions related to my resignation & relieving from current company.
1. I have submitted my resignation on 11th Aug 2015 but till date i have not received acceptance of my resignation though i have mailed the requests for 2-3- times
2. I even have not received my salary for last month.
3 My notice period is of three months, if I had to pay the basic salary (11k/M) or gross salary (50K/M), there's no mention in the appointment letter.
4. My new company requires the relieving certificate from past employer.
5. My last reporting officer has made some fraud on which still investigation is on (No police case has been filed as per my knowledge) and I am one of the prime witness in the case. can that affect my proceeding. 

with thanks & regards
Nitin Jaimini
Asked 1 year ago in Labour from Ahmedabad, Gujarat
Hello,
1) If you are not getting the acknowledgement to the resignation mailed do email the complaint and even if you don't receive a reply it will be considered resignation and you have a digital proof.

2) You can issue a legal notice to the employer demanding prompt payment of the salary arrears.

3) If there is no specific mention about whether it is basic or gross salary it is the basic salary that can be deducted in lieu of notice.

4) Demand relieving letter from the employer in the notice and be prepared to settle all arrears in lieu of of notice if you resigned without notice.

5) Your being one of the prime witnesses in a case of fraud committed by your reporting officer should not affect your exit procedure.
S J Mathew
Advocate, Mumbai
1986 Answers
79 Consultations
5.0 on 5.0
Hi sir/madam, you have to give one representation to your company to accept the resignation and issued a relieving letter alongwith your pending salary. You can draw a last month salary first. If not mentioned the pay the basic salary in lieu of notice period in the appointment letter, you do not pay. You have to request new company for the same which will  produce after some time. You don't worry about the case it will not affect on you, but you have to appear before court or police whenever they called. 
C. V. Jadhav
Advocate, Bangalore
266 Answers
4 Consultations
3.8 on 5.0

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