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Which laws apply if company deny to accept the resignation
11-Jul-2023 (In Labour & Service Law)
Recently i’m working with a BPO company , and as i got a better opportunity in another company i won’t be able to continue my job in same company i’m working right now when i consult my situation with HR so she denied me to accept instant resign but as my lots of colleagues serve the instant resign previously in same compny by paying their basic salary DD . but they don’t accepting my instant resign as i’m ready to pay my basic salary also HR said that there is no policy for instant resign my joining is on 19th july so required my reliving letter to submit my document there any suggestion in this case or is there any helpful law ?
Nobody can force you to work. You can resign anytime you want. IF HR does not accept the resignation, then send it via post and send a scan via email.
And you dont need to pay anything. Speak to the other company about it.
If you leave after giving resignation, then your company wont be a able to do anything. They will have to give you the relieving letter and experience certificate.
Let me know if you need any help in drafting letter for you
And you dont need to pay anything. Speak to the other company about it.
If you leave after giving resignation, then your company wont be a able to do anything. They will have to give you the relieving letter and experience certificate.
Let me know if you need any help in drafting letter for you
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Adv. Prakhar Deep
Delhi | 25+ Answers
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Can I resign immediately without notice period 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.
Can I be jailed for not serving notice period?
The management may initiate legal proceedings to recover the equivalent of the notice period if you do not serve the notice period, or pay the equivalent amount in lieu thereof. If you specifically have not served your notice period, employers have no other rights against you.
What happens if you resign without notice?
If the person is leaving, they should reach an agreement with their employer to avoid working all or part of their notice. Someone who leaves their job without first discussing it with the employer could be in breach of contract. 12-Jul-2023
Is there any law against notice period?
Karnataka Karnataka S E Act 1961 section 39(1) prohibits employers from removing or dismissing an employee who had been in continuous service for at least six months. This is except in cases of reasonable cause, and unless he has given him a months notice in advance or compensation in lieu of it. 13-Aug-2022
Hi in your situation one have to go through your contract terms and condition only then I LL be able to help you.
But in case you want to leave the job Immediately you can do so by giving them a notice.
But in case you want to leave the job Immediately you can do so by giving them a notice.
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Adv. Aastha Jain
Delhi | 25+ Answers
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The Shops and Establishments Act in your State, Model Standing orders, and various other statutes, rules and guidelines prescribe the conditions of service and regulate the employer-employee relationship.
Your contract of employment always contains a clause for termination of employment. Employment contract like any other contract can be terminated by either party. When the employer terminates the contract, it is called "termination" and is done by issuing a "letter of termination" and when an employee terminates the contract of employment it is termed "resignation" and is done by issuing a "letter of resignation".
Unless termination is on account of misconduct and after issuing a show cause notice and conducting enquiry proceeding, no reason needs to be stated for in either the Termination Letter or the Resignation Letter for termination of the contract.
However, payment of basic salary of 1 month or 3 months is prescribed in the employment contract itself if notice period of 1 or 3 months as prescribed in the contract of employment is not served. This is applicable similarly to the employer and the employee and whoever initiates the termination of the contract has to either serve the notice period or pay the salary.
There is no concept of "rejection of resignation letter" or "rejection of termination letter". In both cases notice period has to be served. If the party initiating the termination not to serve the prescribed notice period he has a right to pay salary in lieu of the notice period.
YOUR REMEDY:
1. You should at the first instance bring this to the notice of the management of your establishment to whom your current H.R. is reporting. ( It appears that your H.R. is new and unaware of the settled law and practice pertaining to the subject matter).
2. You can file a complaint with the labour commissioner.
Your contract of employment always contains a clause for termination of employment. Employment contract like any other contract can be terminated by either party. When the employer terminates the contract, it is called "termination" and is done by issuing a "letter of termination" and when an employee terminates the contract of employment it is termed "resignation" and is done by issuing a "letter of resignation".
Unless termination is on account of misconduct and after issuing a show cause notice and conducting enquiry proceeding, no reason needs to be stated for in either the Termination Letter or the Resignation Letter for termination of the contract.
However, payment of basic salary of 1 month or 3 months is prescribed in the employment contract itself if notice period of 1 or 3 months as prescribed in the contract of employment is not served. This is applicable similarly to the employer and the employee and whoever initiates the termination of the contract has to either serve the notice period or pay the salary.
There is no concept of "rejection of resignation letter" or "rejection of termination letter". In both cases notice period has to be served. If the party initiating the termination not to serve the prescribed notice period he has a right to pay salary in lieu of the notice period.
YOUR REMEDY:
1. You should at the first instance bring this to the notice of the management of your establishment to whom your current H.R. is reporting. ( It appears that your H.R. is new and unaware of the settled law and practice pertaining to the subject matter).
2. You can file a complaint with the labour commissioner.
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Adv. Ajit Wagh
Delhi | 25+ Answers
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