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Resignation accepted after 55 days after end of notice period


05-Apr-2023 (In Labour & Service Law)
I have given the resignation in my company which has the condition of one month notice period. Even after the completion of the notice period, company has not replied on my resignation and now after 2 months they are mailing me that we have accepted the resignation from the date effective from which you had given the resignation. Due to their non acceptance of the resignation I was not able to join anywhere else and now the company do not want to give the salary of the delayed period so today they have mailed me that we have accepted the resignation from the back date. I just want to know whether the company has to give the salary for the 2 months which they have willfully wasted even when I was ready to complete all the documentation done for the resignation. They have first time sent the documents related to resignation 55 days later after completion of the notice period. What Should I DO? Just accept it and get whatever dues they settle or ask the company for the 2 month salary?
Answers (2)

Answer #1
905 votes
you have a right to challenge the order of accepting resignation from the date of its submission and you can claim for your salary for 2 months as u have actually worked for that period in the company however it will be better to reslove this issue by mediation otherwise you will lose money in litigation however you will get your right and money by way of filing case before the labour court within your district.
Answer #2
680 votes
Please intimate if you have served the company after one month notice of your resignation? If you have stopped reporting for duty after effective date of your resignation then you are not entitled to ask for any salary or benefits since your own conduct would show that you had left the service.

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