What are the ways to defend myself if my Manager is not acceprting my Resignation and declares me Absconding from Job?
I told my Manager three months ago about my intention to leave, but he asked me not to leave for some time as his Ratings get affected due to attrition. I knew him for some time so I agreed to help him in that. Now when I actually did resign after 3 months of informing him, he refused to accept my Resignation stating he did not receive it, even though I submitted in the Company Portal and told me that because he hasn't received the Resignation and I'm not in the office and have clearly stated m
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Advocate Arzoo
Answered on 13th Feb, 2019
If the notice and the resignation letter is on record i.e., via e-mail or physical copy of letter with the appropriate department and in accordance with your terms of contract with the Company, it will be deemed that you have resigned from your office by giving appropriate amount of notice. Just keep a track of your documents and contact me for any further legal assistance in this matter, if your manager decided to harass you.
E-mail: advarzoo.raj@gmail.com
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Advocate Ashok
Answered on 2nd Feb, 2019
Dear Friend,
Firstly, we need to check all the documents such as your employment agreement, company policy, etc.,
Apart from that, did you get any confirmation from Company Portal? He does not have any right to reject your Resignation! You can immediately escalate it to the next level. if no one responds, you can write an email to all seniors including management saying that you have resigned on so n so date, accordingly your last date is so n so, and ask them about handover process and other formalities.
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Advocate Aashish
Answered on 1st Feb, 2019
Your facts indicate the case of restraining you for exit from your employment and disallow you to join another organization or to clear your dues which the company owes. Moreover, such kind of practice is being adopted by some of the HR to delay the exit of the employees or to pay the dues of the employees. However, its not allowed per se and any such practice of HR has already been declared unlawful/illegal in various judgements held by Supreme Court and various other High Courts. However, prior to exit from the company, there must be some pre conditions to be fulfilled such as notice period, completion of exit formality, buyout of notice period or any other way out. Also, if there is no such provision or absence of any of such terms in the employment agreement, there are legal precedents to be followed. The facts of your case need to be review in detail.
Therefore, it’s advisable to connect with us or any good lawyer and raise the issue of unlawful restraint of trade/employment and other suitable claims against the Company.
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