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Indian Law/Manager not accepting resignation


conformation letter
conformation letter  
QUESTION: Dear sir,
I am also facing some problem. My company not relieving me before 2 months notice period. I have already given them one month notice period and ready to buyout my notice period. but they forcing me to serve 2 month notice period.They replied on mail short notice not acceptable. you have to serve 60 days. As I dont want to serve full notice. I want to leave the organisation as soon as possible.

Is there any procedure for leaving company in notice period without effecting on document (experience & relieving)?

Can you tell me how I leave the company, I have other joining before 60 days of current notice period. I ask current company to leave me atleast 5-6 days earlier. but my reporting manager is not accepting my resignation & HR told me everything is in Rmanager's hand.

Kindly guide me.

Thanks & Regards.

ANSWER: You are to serve your notice as per the termination clause contained in the contract.Otherwise,your employer has every right to accept your resignation.Unless there is specific provision either to serve a prescribed period of notice or pay in lieu thereof,you cannot compel your employer to accept it.However, if there is such option in your engagement letter and inspite of that, your employer does no release you,then you are to serve legal notice upon them and you can join your new employer on the basis of your resignation letter.
In view of the above,please take appropriate action in the matter in consultation with a lawyer.

---------- FOLLOW-UP ----------

QUESTION: Thanks sir,

scenario is like : i had put my resignation on 10th june 2013 as per 60 days my last working day will be 9th August 2013. current manager ask me to take leave if I have family problem. he is allowing me to take leave from 1st to 9th august 2013. but not accepting resignation with 4-5 days earlier.

My next joining, that I already extended to 5th august 2013. so is it possible for me to join next company in leave period and after joining I submit my all document. but problem is my manager while accepting my resignation he may put last working day is 9th.

So it may be problematic for me. I asked him to relieve me at least 5 days but he is not listening to me.

or can I revert on them mail with "31 july 2013 or 2 august 2013 will be my last working day & I can not extend due to my personal problem as well as I am ready to pay for remaining days. Kindly accept it, and allow me to take smooth relieving. "

so this is the scenario. Kindly consult.

Thanks & regards.

As I have already told you you are to resign as per the termination clause contained in your appointment letter.Regarding availing leave during the notice period,it again depends upon the HR Policy of the company.Normally,during the notice period except medical leave,no other leave is granted.If your employer has not given any reply to your notice,they shall be deeemed to have accepted your letter of resignation from the date mentioned in your said letter.However, your new employer may insist for release orderbefore allowing you to join.So best option for you will be to seek further extension of time by one month.Under no circumstances you can join ,while still on the rolls of another company.
In view of the above, please consult a good service lawyear alongwith all relevant documents and follow his advice in the matter.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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