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What legal options are there if company is not accepting resignation
28-Jun-2023 (In Labour & Service Law)
I recently resigned from my current company. After submission of my resignation the company is forcing me to sign the non compete and non solicit agreement for a period of 3 years. They will not accept my resignation and give me relieving if I don't sign this. This is hugely unfair, since I have been working in this industry for 10 years. A non compete will force me to change my industry. What are my legal options?
A company has to accept your resignation and cant force you to sign non-compete clause.
Here is the law:
1. Non-compete clauses are illegal in India as per Section 27 of Indian Contract Act, 1982. They cant be enforced. So dont worry..
2. They must accept your resignation.
3. They cant refuse to give your relieving/ experience letter under any condition.
Here is what you can do:
1. Send your resignation by Speed post and then send the scan copy via email and also mention the tracking no. It means you have done your duty.
2. In the resignation letter itself, ask that you need to get the relieving letter by XX date.
Please do keep all copies of your employment agreement, internal exit policies etc for further usage.
Dont worry.
Hope this helps
Prakhar
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Adv. Prakhar Deep
Delhi | 25+ Answers
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A non-compete and non-solicit agreement for a period of 3 years, which forces you to completely change your industry is unjust and illegal. Employer must understand that no one can be forced to work against his/her wishes.
Given the brief background, it will be wise to seek to the concerned HR and/or supervisor again. If things do not work out, promptly sending a legal notice would be ideal. The legal notice must state that you do not wish to work for them anymore and seek two things: (1) full and complete pay-outs, and (2) relevant documents such salary slips, relieving letter, certificate of employment, etc.
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Adv. Rishi Raj Sharma
Delhi | 100+ Answers
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Your appointment in your company was purely contractual, therefore in this case if at the time of signing the contract of employment you must have agreed to certain terms and conditions and you are bound by it. In case, your contract of employment do not have these terms and conditions then the company cannot compel you to sign any further contract with them when you want to leave the company and you can even send them a legal notice so that they relieve you from the company. Please check the terms and conditions of your contract of employment and then take a stand.
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Adv. Manisha Ambwani
Delhi | 100+ Answers
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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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