Company has not accepted my resign
1 month ago
I have mailed to HR.. I am ready to pay recovery, so kindly accept my resign. But they forced me to serve notice period. When i refused this. They have terminated me. Now wht i will do?
A.Dear client, your HR can't reject your resignation if you have served the notice period. If you have't served the notice period and has payed the recovery then also he cannot reject or hold your resignation letter. You can file a complaint on the employer under standing orders act and under sec 27 of indian contracts act.
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A.Dear Client,
When on acceptance of terms of employment, you resume employment of the Company, you have to abide by the said terms, and refusal to comply with the said terms of employment makes you liable to face the consequences of termination for breach of contract. But, termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. So, in the prevailing situation, 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 after serving a legal notice to the Company, you can raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team to navigate the issue in the right way.
When on acceptance of terms of employment, you resume employment of the Company, you have to abide by the said terms, and refusal to comply with the said terms of employment makes you liable to face the consequences of termination for breach of contract. But, termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tribunal/Labor Court concerned for adjudication within three years from the date of termination/retrenchment. So, in the prevailing situation, 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 after serving a legal notice to the Company, you can raise an Industrial dispute directly before the State Govt. Industrial Tribunal under Sec.2A of the I D Act. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter. In case you need our expert service, feel free to contact our legal team to navigate the issue in the right way.
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