Resignation not being accepted
8 months ago
Hi all
I have been working with an IT company fir 1 year 8 months and my notice period has ended after serving it for 45 days as mentioned in my contract. Now i have been following up for my exit formalities and releiving letter but i ahve been ignored. Hr and ceo have talked and gave me two options but i have not agreed to their options and i simply donot want to continue. I have asked them multiple times to provide me over mail as why my resignation is not being accepted i have even said rhat if i donot gwt any response over mail then i will consider it as accepted still they are not replying. They are just forcing me and trying to scare me or saying we can manipulate tour conteact whenever we want to. I dont know what to do in this situation. Need guidance.
Once an employee tenders his resignation from the service following the terms of employment and serving the notice period, the company is duty-bound to relieve him from the service with the disbursement of F & F settlement dues and an experience certificate on demand. Withholding of acceptance of resignation and relieving letter of an employee who tenders his resignation is amounted to victimization and unfair labour practice. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter.
If your employer is not accepting your resignation and not providing you with a relieving letter, there are a few steps you can take:
Check your employment contract: Your employment contract should contain information about the notice period required for resignations. If you have fulfilled the notice period, your employer cannot hold you back.
Communicate with your employer: Try to communicate with your employer and understand why they are not accepting your resignation. If there is any misunderstanding or confusion, try to resolve it amicably.
Write a resignation letter: If you haven't submitted a resignation letter yet, draft a resignation letter and submit it to your employer. Keep a copy of the letter for your records.
Escalate the matter: If your employer is still not accepting your resignation or providing a relieving letter, you can escalate the matter to the HR department or higher authorities in the company. You can also approach a labour lawyer for legal advice.
File a complaint: If all else fails, you can file a complaint with the labour department or 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.