Boss rejected resignation, says notice period is not sufficient
27-Oct-2023 (In Labour & Service Law)
I am resigning from my current employer. I have sent resignation in writing. I have agreed to serve notice period of 60 days, as mentioned on the joining letter at the time of joining the company two years ago. Now the employers says the resignation is not accepted and the notice period of 60 days is not final. He says he is going to take legal actions against me if I leave after 60 days from my resignation. Is there a thing called "acceptance of resignation" or "notice period mentioned on employment contract not being final"? Can my employer take any legal action against me?
Dear Client,
I am writing to respond your query posted above. Please not that your employment agreement is a binding contract between you and your company under the applicable laws. Your employer cannot change the said agreement without your consent and cannot sue you if you serve your notice in accordance with the employment agreement. Hope your employer has provided a written communication of not accepting the resignation letter on the ground of insufficient notice period (though you are serving in accordance with your employment agreement), if that is the case then you can send a legal notice to your employer.
Hope this clarifies your query.
Best regards,
Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.
I am writing to respond your query posted above. Please not that your employment agreement is a binding contract between you and your company under the applicable laws. Your employer cannot change the said agreement without your consent and cannot sue you if you serve your notice in accordance with the employment agreement. Hope your employer has provided a written communication of not accepting the resignation letter on the ground of insufficient notice period (though you are serving in accordance with your employment agreement), if that is the case then you can send a legal notice to your employer.
Hope this clarifies your query.
Best regards,
Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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