• Non acceptance of resignation letter

I have completed my mandatory bond period and have no liability with my present company and have also served 3 months notice to my present company. The company asked me for reasons of resignation and I said its due to my personal problems. They have thus not agreed to my resignation and have rejected it. Can I leave the company under this arrangement when my existing employer is unwilling to accept my resignation and accept another job?
Also in my appointment letter they have mentioned that I can't seek an employment with any of the companies with similar business for next one year,do I need to abide by that?
Please advise as my PF etc are held up.
Asked 2 years ago in Labour from New Delhi, Delhi
1) company cannot force you to work in same organisation 

2) you have completed the bond period and served 3 months notice as per your appointment letter 

3) you are liberty to join another organisation 

4) company cannot withhold your PF 

5) you can complain to regional provident commissioner if your PF is not paid 

6) if no action is taken drag the company and regional provident fund commissioner to consumer forum for deficiency in service 

Ajay Sethi
Advocate, Mumbai
46832 Answers
2769 Consultations

5.0 on 5.0

1. After the Bond and notice period the employer can not restrain you from leaving the company.
2. So you can join any other company even if your resignation is not accepted.
3. Yes,you better avoid joining a competitor of your present company for a period of one year.
4. For release of OF you can file Writ petition.
Devajyoti Barman
Advocate, Kolkata
13161 Answers
175 Consultations

5.0 on 5.0

As long as the resignation is in conformity with the rules the reason to resign does not give any discretion to the employer to reject the resignation. You should issue a lawyer's notice to seek the relieving certificate and settlement of your dues. If the company does not meet your demand then take out appropriate proceedings before the competent court. The embargo on being employed with companies doing similar business can be viewed as an unreasonable restriction on the right of employment, hence may not be enforced by the court in entirety.
Ashish Davessar
Advocate, Jaipur
23158 Answers
641 Consultations

5.0 on 5.0

your resignation is not necessarily be accepted in every case but you can resign after giving proper notice. contract is cancelled from your side so employer is bound to make another contract if wants to retain you because once contract is properly cancelled no right will accrue from it. company cannot file any case against you for breach of contract because proper notice, according to contract, has been given.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Resignation can be without permission/notice. If option of notice pay in lieu of notice period is in service conditions then you may quote it. The employee can’t be held against his wishes. The employer may insist to serve the notice period if tasks are pending and employee is unwilling to indemnify the employer against any loss financial/or other that employer may suffer due to unfinished tasks.
If notice period stated in appointment letter issued to you is 3 month and no change in it is ever communicated to you and accepted by you then instead of remaining entangled with HR you should submit a representation to good offices of appointing authority, MD, Chairman………………….in writing under proper acknowledgment with a copy to you and you should obtain POD also.
In this representation you must narrate all representations made so far by phone, in person, in writing with dates, names, phone numbers and brief minutes of discussion, and conclude that no change in notice period was ever communicated to you and accepted by you, and you may also ask why your official email id is blocked (IN a smart language it should mean that you have been relieved?). You may mention that your career, employability is affected.
It shall be appropriate if such representations are drafted by your lawyer.
You may record the transactions with HR/Line managers (audio/visual).
You may approach a Labor Law consultants/Service Lawyers par along with copies of job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, resignation notice, etc …………. Communications exchanged with company give inputs in person and proceed under the expert advice of your lawyer
T Kalaiselvan
Advocate, Vellore
36975 Answers
403 Consultations

5.0 on 5.0

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