Resignation not approved and kept pending Resignation not approved and kept pending

1 month ago

I have resigned my job and applied in the HR portal but my manager is not approving even after several reminders. I am technically in notice period but not sure how to handle this if he does not approve till the end of my notice period

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir
You may get issue a strong legal notice or take an appointment and meet your highest boss in the company as it seems it is HR creating the problem or approach department of labor.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
An employee is entitled to get remuneration for the days/period he is in employment and contributed his skill and labour for the growth and gain of a company regardless of the profit or loss of the Company. So, on cessation of employment through resignation following the terms of employment, i.e serving a notice period post-resignation, an employee is entitled to receive full and final settlement dues including arrears of salaries/wages along with other service-linked benefits like gratuity, PF, leave encashment subject to his eligibility. Sitting on your resignation and holding its acceptance by HR for an indefinite period would not save or relieve them from their contractual obligations/liabilities, rather such an unethical action amounts to unfair labour practice. If the company denies a legitimate claim of an employee, he can raise a dispute against the Company on the ground of unfair labour practice before the concerned Labour Commissioner for redressal provided he is a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. The employee can apply to the concerned Labour Court under Sec.33C(2) of the I D Act claiming his full and final dues receivable from the Company on resignation. Otherwise, if the employee holds the position of Manager or Administrator in the Company, he has to file a civil suit for recovery of his dues from the employer/Company.
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