Contract,Industrial Dispute,Labour law
Does an employer have the right to turn down a resignation?
I resigned from my company. As per company policy every employee should serve a notice period of two months. I informed the HR department that I am ready to serve this Notice period. However the HR manager informed me that he will not process my resignation without my current project being completed. Does an employer have the right to turn down a resignation? I would also like to mention that my company recently fired more than 10 employees and there is a rumour that the company is in Loss and thereby It created an insecurity feeling in me and that is why I am leaving this company. Now I have an offer from another company at my hand but if my current company does not process my resignation I will not be able to accept the new offer and thereby will lose an opportunity. In this case If the company does not process my resignation can I file a complaint for compensation? I am from Kerala.
By  Sushmita .  |  26 Dec 2016  |  Upvotes: 0  | 

1 Answer(s)

Ravindra Purohit
Advocate

If the Company has paid you salary for the period you worked with them from 10.02.2016 till 17.03.2016, ethically speaking, you ought to have worked the notice period of one month. But if circumstances and situations actually prevent you from continuing working on account of any medical ailment or health issues, you should attach a Medical Certificate from a registered medical practitioner confirming your inability to resume work, and request the Company in writing to waive off the notice period. You should also subtly mention in that same letter that there is no mention that you will have to pay salary in lieu of notice period not served by you, hence you are not legally liable to pay the Company.If the Company has not paid you salary for the period you worked with them from 10.02.2016 till 17.02.2016 (37 days) simply request the Company, cite this as a primary reason in addition to your heath condition, and in view of the fact that there is no mention of "salary in lieu of notice period" in your terms and conditions, you are not liable to pay it, and request for full and final payment dues from the Company.The Company's legal action if any against you, will not in my opinion, sustain in the Court.

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