Resignation letter is not approved by company
10 months ago
What can I do if my resignation letter is not approved by company also after giving a notice period of 20 days.
In case the notice period falls short of the notice period required for tendering resignation from the organization as per the contract of employment, Employer may deny the acceptance of resignation and can even take disciplinary or legal action for the same against you. So go through the terms and conditions of your contract of employment i.e, the offer letter and take steps accordingly and despite of your compliance of the terms of employment, if the Employer denied or withheld the acceptance of your resignation and refused to settle your F & F Settlement dues, then reach out to the office of Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves unfair labour practice on their part. In case your Company falls under the purview of the Shops and Establishment Act then you need to visit the office of the concerned Chief Inspector, Shops & Establishment for redressal of your grievance. However, in case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal or under the Shops and Establishment Act, you may contact our legal team with the relevant papers.
we would advise you to first check the terms and conditions of your employment contract. Generally the employment contract mentions the notice period required for resignations. If you have fulfilled this criteria, the employer cannot hold you back.
Additionally, you can file a complaint with the labour court under the Industrial Disputes Act, 1947. The labour court can order your employer to provide you with a relieving letter. To file a complaint with the labour court, you will need to submit a written complaint to the appropriate authority, along with any supporting documents, such as employment contracts, salary slips, and correspondence with your employer. You may also need to attend a conciliation or arbitration meeting with your employer before the matter is referred to the labour court.
A.Dear Sir,
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Seeking Legal Advice Regarding Employment Issue
Accountant in a production house
Not paid the April month salary
Salary deduction for not serving notice period
Less Full and final settlement
