Legal Question in Employment Law in India

I left my company after serving the notice period of 1 month and I bought out the remaining 1 month notice period. I was told by the HR verbally that they dont have any notice period buy out policy and i was not given any acceptence of resignation i was told that i will get my releiving letter after 45 days and if there would be any background verification within 45 days they will show me absconded however in order to join the new company i need to submit the acceptance of the resignation. i am ready to pay the recovery amount now but still the HR team is not ready to give me acceptance of my resignation they are saying again and again that its against the company policy, on my appointment letter it is mentioned that "after confirmation, the required period of notice for termination of service would be (60) days from either side or payment of salary in lieu of. The Company, at its discretion, can ask the employee to continue in serving during the period of notice and need not necessarily accept salary in lieu of notice from the employee. ". I understand this clause but the company forces the employee to serve the notice period if any task or project which was assigned to the employee is incomplete. When I left the company I did not have any task or project in my hand neither i was communicated by my reporting manager or operations team about any task or project. Now the HR team is denying, I believe that they want to destroy my Carrier. Please advice me how can I force them to provide me my acceptance of resignation.


Asked on 7/21/15, 2:14 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

21.07.2015

Dear Sir / Madam,

As already advised, your notice of resignation does not require to be formally accepted by the Company. You should request the new Company that you are joining not to insist on your resignation acceptance letter.

Regards,

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Answered on 7/21/15, 6:17 am


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