What are the ways to defend myself if my Manager is not acceprting my Resignation and declares me Absconding from Job?

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

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.

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.