Non acceptance of resignation

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 January 2015 My friend resigned from job within 4 months from joining as he is not happy with working environment and non supporting management. Employer has not accepted the resignation. He has given his original certificates to the company.
What remedies available to him? Serving notice period without acceptance holds good?
Kindly advice as he wants to join other company immediately after notice period

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 January 2015 Check what is mentioned in your appointment order

Many a company's deduct the notice period salary if you have not given the notice period.

Just tell them do what all you want, go for legal action.

If acceptance is not given than Legal Opinion may be as follows:

" The orders on the notice of resignation shall be issued before the date of expiry of the notice, either accepting the resignation from a date not later than the date of expiry of the notice or rejecting the same, giving reasons therefore If no such order is passed, the resignation will be deemed to have been accepted on the expiry of the period of the notice".

They can only ask for serving notice period or payment for notice period. They can't stop you from resigning and leaving the company.

Querist : Anonymous

Querist : Anonymous (Querist)

06 January 2015 In appointment letter, 30 days notice period is there and he is serving that period.
What his concern is , serving the notice period without acceptance holds good?
Will he get relieving letter and original certificate?

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 January 2015 Without acceptance holds good if not rejected within the notice period. It will treated as deemed acceptance as per legal opinion. He has to get relieving letter and original certificate if not you have to proceed legally.

They can only insist for notice period or notice pay they cannot refuse reliving or return of certificates.

Querist : Anonymous

Querist : Anonymous (Querist)

06 January 2015 Thank you sir for ur valuable inputs.
Is employer having any rights to reject the resignation without any valid reason?

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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03 August 2024 When an employee resigns but the employer does not formally accept the resignation, it can create a challenging situation. Here’s a detailed guide on the available remedies and considerations:

### 1. **Acceptance of Resignation**

**Legal Perspective:**

1. **Acceptance of Resignation:**
- **Employment Contract:** Typically, resignation is effective when the employer accepts it. However, if the employment contract or company policies do not explicitly require acceptance of resignation for it to be effective, the resignation may still be considered valid once given in writing, even if not formally acknowledged.

2. **Employer's Rights:**
- **Rejecting Resignation:** Employers generally cannot reject a resignation without a valid reason. The resignation becomes effective based on the notice period provided or the terms specified in the employment contract. However, some companies may have internal policies that require formal acceptance.

### 2. **Remedies Available**

**Immediate Steps:**

1. **Written Notice of Resignation:**
- Ensure the resignation is documented in writing and that your friend has a copy of the resignation letter. This serves as proof of the intention to resign.

2. **Follow Notice Period:**
- **Serve Notice Period:** If your friend has given notice according to the contract or company policy, he should continue to serve the notice period as required. This demonstrates professionalism and adherence to contractual obligations.

3. **Request Formal Acknowledgment:**
- **Seek Confirmation:** Your friend should formally request written acknowledgment of his resignation from the employer. This can help in clarifying the situation and protecting his interests.

4. **Contact New Employer:**
- **Inform Prospective Employer:** Communicate the situation to the new employer. Provide evidence of the resignation and notice period served. Most employers will understand that your friend is transitioning out of his current role.

5. **Consult HR or Legal Advice:**
- **Human Resources:** Consult the HR department of the current employer for clarification on resignation procedures and next steps.
- **Legal Counsel:** If the situation is not resolved or if there are disputes, seeking legal advice from an employment lawyer may be necessary.

### 3. **Serving Notice Period**

**Implications:**

1. **Notice Period without Acceptance:**
- **Validity:** Serving the notice period is generally valid and should be honored as per the employment contract. It demonstrates compliance with the contractual obligations and helps in transitioning responsibilities.

2. **Transfer of Certificates:**
- **Return of Certificates:** If your friend has already handed over original certificates, it is essential to ensure that these are returned or properly documented. If the employer retains the certificates and there’s a dispute, this might need legal intervention.

### 4. **Handling Disputes**

**Possible Actions:**

1. **Document Everything:**
- **Record Keeping:** Maintain copies of all correspondence, resignation letters, and any communication related to the resignation and notice period.

2. **Seek Mediation:**
- **Mediation:** If there is resistance or unresolved issues, consider mediation to facilitate a resolution between your friend and the employer.

3. **Legal Action:**
- **Employment Tribunal:** As a last resort, if the employer’s refusal to accept resignation is causing undue hardship or violating employment laws, legal action may be considered. Consulting with an employment lawyer will provide guidance on this process.

### Summary

1. **Resignation Validity:** Resignation is typically effective once given in writing. Employers generally cannot reject a resignation without valid reasons.
2. **Notice Period:** Serving the notice period as per the employment contract is usually valid.
3. **Immediate Actions:** Request acknowledgment from the employer, serve the notice period professionally, and inform the new employer about the situation.
4. **Seek Advice:** Consult HR for clarification and consider legal advice if necessary.

Your friend should continue to act professionally and ensure all documentation and communications are handled appropriately to protect his interests.