can employer reject resignation india what are the legalities

Question

can employer reject resignation india what are the legalities

29-May-2024 (In Civil Law)

can an employer reject a resignation ? What are the legal implications if an employer rejects an employee's resignation?

Answers (6)

Answer #1

Adv. Chikirsha Mohanty

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LawRato LawRato · Accepted Answer · 2024-05-29T14:00:57+05:30

No, an employer in India cannot legally reject a valid resignation if the employee has followed the correct procedure. Resignation is a personal right, and once the employee submits a resignation letter and serves the required notice period (or pays in lieu of it, as per the employment contract), the employer is generally obligated to accept it. The company cannot force an employee to continue working against their will.

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Advocate Ajay Garg LawRato · Accepted Answer · 2024-05-29T14:00:57+05:30

Answer #2

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 Adv. Ajay Garg

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Advocate Anand Kumar LawRato · Accepted Answer · 2024-05-29T14:00:57+05:30

Answer #3

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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Advocate Sanjucta Kabasi LawRato · Accepted Answer · 2024-05-29T14:00:57+05:30

Answer #4

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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Advocate Megha Kain LawRato · Accepted Answer · 2024-05-29T14:00:57+05:30

Answer #5

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 Adv. Megha Kain

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Advocate Sumeet Mandal LawRato · Accepted Answer · 2024-05-29T14:00:57+05:30

Answer #6

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.

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Adv. Sumeet Mandal Adv. Sumeet Mandal

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