I resigned and willing to serve notice
5 months ago
I resiged and willing to serve notice and my manager replied she is not accepting my resignation.what to do
A.Dear Client,
Go through the terms and conditions of your offer letter or contract of employment and follow the terms of leaving the company on resignation that typically requires a notice period to tender resignation by an employee. Accordingly, you should tender your resignation mentioning the notice period. In case the offer letter is silent on the subject, then following the provision of Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946 which has an overriding effect on the subject. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee even during the bond period. So, you need to tender your resignation with one month's notice to your Company. On the expiry of one month's notice period, the relationship between employee and employer gets seized/severed. It is immaterial whether your resignation is accepted or not by the Company so far the provision of Sec.27 of the Indian Contract Act, 1872 is concerned. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment and any condition preventing an employee from exercising his or her right is an infringement of the fundamental right guaranteed under Article 16 of the Constitution that covers the right to equality of opportunity in matters relating to public employment. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Contract Act makes provision for unliquidated damages (not stipulated in a contract) and Section 74 of the Contract Act deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party. So, if you are facing any action or threat from your ex-company, then if you are not holding a position of manager or supervisor in the Company, but a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. serving a legal notice to the Company reach out to the office of the concerned Labour Commissioner to file a complaint against the company over alleged unfair labour practice for redressal of your grievance, But, if you are holding the position of manager or supervisor in the Company, you have to file a civil suit before the Civil Court for desired relief in the matter.
Go through the terms and conditions of your offer letter or contract of employment and follow the terms of leaving the company on resignation that typically requires a notice period to tender resignation by an employee. Accordingly, you should tender your resignation mentioning the notice period. In case the offer letter is silent on the subject, then following the provision of Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946 which has an overriding effect on the subject. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee even during the bond period. So, you need to tender your resignation with one month's notice to your Company. On the expiry of one month's notice period, the relationship between employee and employer gets seized/severed. It is immaterial whether your resignation is accepted or not by the Company so far the provision of Sec.27 of the Indian Contract Act, 1872 is concerned. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment and any condition preventing an employee from exercising his or her right is an infringement of the fundamental right guaranteed under Article 16 of the Constitution that covers the right to equality of opportunity in matters relating to public employment. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Contract Act makes provision for unliquidated damages (not stipulated in a contract) and Section 74 of the Contract Act deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party. So, if you are facing any action or threat from your ex-company, then if you are not holding a position of manager or supervisor in the Company, but a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. serving a legal notice to the Company reach out to the office of the concerned Labour Commissioner to file a complaint against the company over alleged unfair labour practice for redressal of your grievance, But, if you are holding the position of manager or supervisor in the Company, you have to file a civil suit before the Civil Court for desired relief in the matter.
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A.Dear Client, you can engage a lawyer and send a legal notice to the manager if she's forcing you to stay in the job and not accepting your resignation despite your willingness to serve the notice period in line with company policies.
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