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Can employer refuse to accept resignation what are the legalities
12-Sep-2023 (In Civil Law)
Can employer refuse to accept resignation
Yes an employer may refuse to accept resignation depending on the the terms and conditions of contract between employee and employer also if there is some Condition that an employee have to give notice before resignation within a stipulated period of time
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Adv. Ajay Garg
Delhi | 100+ Answers
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Can an employer decline a resignation?
You cannot be stopped from quitting if you so choose. They can encourage you to remain (as long they do so in a proper manner). Your employer may think that you resigned after an argument, or when you were emotional distressed. They will then change your mind. 28-May-2023
Can you quit without notice in India?
Workers in India are allowed to quit their job at any time. They are still required to give notice if their contract of employment or company policy requires it. In some cases, an employee may be required to resign immediately and without notice, for example, if there is harassment, discrimination or medical concerns.
What if my employer reject my resignation?
It is not possible for them to legally stop you from leaving before your notice period has ended. Originally Answered What happens if your employer rejects you resignation? Your resignation, whether it is accepted or not by your employer, still constitutes your formal notice of your intention to leave.
Is resignation acceptance mandatory in India?
If a 30-day notice is given, it does not require acceptance of the resignation. The resignation would be effective from the expiration of the notice period. A worker has the right to resign and serve his employer by giving 30 days notice.
Just wanted to know if they have mentioned anything in your offer letter regarding resignation or termination, i.e concerning the minimum lock in period for service . If not then you may send a reminder to the company also with a clear mention to nominate a person to take over your charge. You can also mention in your reminder that if no response is received, the resignation would be treated as effective to be relieved of the responsibilities of the company from the due date of resignation at the risk and responsibility of the company, itself.
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Adv. Megha Kain
Delhi | 25+ Answers
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If an employee is facing disciplinary proceedings where dismissal is a possible outcome, an employee may resign with immediate effect rather than face dismissal. Some employers do not like this as it means the employee has swerved valid disciplinary proceedings. It is therefore not uncommon for employers to refuse to accept the resignation and insist that the disciplinary proceedings should continue. Strictly speaking, this is not legally possible.
The resignation decision is the employee’s decision alone. An employer can not refuse to accept it. This is no different to dismissal being the employer’s decision, the employee can not refuse to accept that they have been dismissed.
However, if an employee does resign with immediate effect pending disciplinary proceedings, the employer can always make it clear that any reference provided to a future employer will state that the employee resigned pending disciplinary proceedings.
The resignation decision is the employee’s decision alone. An employer can not refuse to accept it. This is no different to dismissal being the employer’s decision, the employee can not refuse to accept that they have been dismissed.
However, if an employee does resign with immediate effect pending disciplinary proceedings, the employer can always make it clear that any reference provided to a future employer will state that the employee resigned pending disciplinary proceedings.
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Adv. Sumeet Mandal
Delhi | 25+ Answers
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It will depend on what terms and condition your appointment has been done. You need to go through the terms and conditions as set out in your appointment letter. If there is any clause for such refusal in favor of the employer then the same can be done else the employer has no right to do so.
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Adv. Anand Kumar
Delhi | 100+ Answers
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No, it is not possible. Resignation is a choice of the employee and employer cannot take it away by undue influence. The employer is bound to accept resignation letter. If he does so, criminal action is liable against him. Report the incident to nearest police station for intimidation and wrongful restraint.
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Adv. Sanjucta Kabasi
Delhi | 25+ Answers
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If your resignation is a resignation that is based on a notice period, and not an immediate resignation then there is no requirement for the employer to accept your resignation. It will become effective after the notice period.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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