Non acceptance of resignation

This query is : Open

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?