Legal Question in Employment Law in India

Hi,

I was working in start-up IT company. I Finished 9 Months. Since, I had an emergency which I needed to take care as a "Son". I asked the employer for a leave of one day. I have asked the employer 3 days before the date of leave I wanted. I had 5 casual leaves in balance which I am entitled to. But the Employer refuses to give me the leave. And the Employer threatened me of dismissal. After this bizarre Scenario, I sent a resignation letter on the same day to the employer. The Employer accepted the resignation letter Stating that "I have Accepted the resignation of BYNAME as you Wish". After 2 days when i ask for a relieving letter, the employer refuses to provide.

PS: I mentioned in the resignation letter that I would be leaving the company on the day of the resignation.


Asked on 3/16/15, 9:55 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

16.03.2015

Dear Sir / Madam,

If the employer has accepted your resignation letter as per your wish, it implies that the Company has waived the notice period that you are required to serve in the organization post resignation. You should persuade the employer to provide you with a Service Certificate, which the employer is legally supposed to provide every employee on request.

Regards,

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Answered on 3/16/15, 11:25 am


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