Date of resignation
8 months ago
I submitted resignation with one month notice and a couple of days later in continuation of previous letter, I asked for an early relieving. Now the date of early releiving which I requested has passed and I haven't yet received acceptance of resignation. So what will be my final day of service? One month from the day I submitted first letter or second letter or do I have to write a fresh letter again.
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.]
When you tender your resignation with one month's notice in terms of employment, then the last day of the month will be treated as the date of resignation because you are serving the notice period and on expiry of the notice period, your employment stands automatically seized/severed. But after submission of your resignation with one month's notice, you again submit a second application for early relieving. If the second application is accepted, then your date of discharge from service shall be on the basis of acceptance of your second application to the Company if the policy of the company allows such early relieving/discharge on the resignation of an employee waiving the terms of employment.
The final day of your service would typically depend on the policies and practices of your organization, as well as any specific agreements you have made with your employer regarding your resignation and early relieving request.
If you submitted your original resignation letter with a notice period of one month and it was not officially retracted, your final day of service would usually be one month from the date of that letter, unless your employer agrees to an early relieving.
Second Letter for Early Relieving: If you submitted a second letter requesting early relieving, your final day of service might depend on whether your employer has accepted that request. If they haven't yet responded or accepted your early relieving request, it's important to clarify with your HR department or supervisor regarding the status of your request and your last working day.
Communication with HR: Reach out to your HR department to inquire about the status of your resignation and the early relieving request. This will help you get clarity on when your last working day will be.
Employer's Response: If your employer does not respond to your second letter for early relieving and the requested date has already passed, you might want to follow up and ask for clarification. It's possible that there could have been a miscommunication or delay in processing your request.
Fresh Letter: If you do not receive a response from your employer regarding the early relieving request and the requested date has passed, you might consider writing a fresh letter to clarify your resignation and request. This could help ensure that your intentions are communicated clearly.
Thanks
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