Right to transpose my resignation into termination Right to transpose my resignation into termination

6 months ago

I have resigned on 22nd sep from my employer and the same day they released me willingly on mail, now they are threatening me that they have a right to transpose my resignation into termination.
Is this possible or is it legal

Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
No, neither it is legal nor it is possible. Once you tendered your resignation following the terms of the offer letter and are released from your assignment by the Company, they cannot transpose or transform your resignation into termination because the relationship between employer and employee gets severed/seized on the issue of release letter on acceptance of your resignation from the Company. However, if any arbitrary and unethical action is taken by the Company, reach out to the Office of the concerned Labour Commissioner to file a complaint attaching a copy of the email releasing you on acceptance of resignation against the Company for victimization and unfair labour practice to resolve the issue.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

View All Answers
A.Dear Client,

Review your employment contract to see if it contains any clauses related to resignation, termination, or notice periods. Contracts may specify the conditions under which either party can terminate the employment. In many cases, employment contracts require employees to provide notice before resigning. Employers may also be required to provide notice before terminating an employee. The duration of the notice period should be mentioned in the contract. If you resigned willingly and your resignation was accepted in writing, it may be challenging for the employer to unilaterally change it to a termination, especially if there is no evidence of misconduct or poor performance on your part. It's essential to gather all relevant documentation, including your resignation letter, acceptance of resignation, and any communications with your employer regarding this matter. You may have also signed an employment contract at the start of your job that prevents termination without cause.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
question iconEmployment advice
Dear Client, A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...