Company is not accepting my resignation
3 years ago
Due to my personal problem. I gave resigned from my job and I will not able to serve any notice period. But my Hr and manager did not accept my resignation and told me if I am not served 01 month notice period. I will be terminated. I told them that I will refund one month salary to company. But HR is not agree. What can I do?
A.As you have personal problem you have thought to resign from job, but as you will not able to serve any notice period, then you are at a greater loss in terms of Extra benefits which are offered by the company. There is a difference between termination & resignation- In resignation you get all the fringe benefits from the company & you leave the company on good notes, while in termination you lose all the long term & fringe benefits & you leave the company on bad notes, thus making yourself very difficult to rejoin any other company. rather than going legal try to solve the matter amicably. It will be beneficial to you.
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ADV. ANISH PALKAR (High Court)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.Dear Sir,
Resignation is your right....Get issue a legal notice as follows...
Please give me Rank 5 if you feel my answer helped you
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To resign is a right of the employee: SC
Can’t be compelled to serve, says court in case of Air India employee
To resign is a right of an employee and he cannot be forced to continue, the Supreme Court has said in a recent order.
An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”
A Bench of Justices Arun Mishra and Vineet Saran made the observations while allowing the appeal of a former Air India engineer, who was refused his dues by the Central government carrier.
Resignation is your right....Get issue a legal notice as follows...
Please give me Rank 5 if you feel my answer helped you
==============================================
To resign is a right of the employee: SC
Can’t be compelled to serve, says court in case of Air India employee
To resign is a right of an employee and he cannot be forced to continue, the Supreme Court has said in a recent order.
An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”
A Bench of Justices Arun Mishra and Vineet Saran made the observations while allowing the appeal of a former Air India engineer, who was refused his dues by the Central government carrier.
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Kishan Dutt Kalaskar
Replied 3 years ago
oo
A.You and HR will have to go by the employment agreement that you had signed. If there is a provision of paying for one month then you can request them if not then you will have to abide by the company policy. In case they terminate you then you may loose out some of the terminal benefits depending on the contract and policy.
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