Legal Question in Employment Law in India

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.


Asked on 3/31/16, 6:52 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.04.2016

Dear Sir / Madam,

No. The HR Department of the existing Company has no "locus standi" to adopt such a stance and set a "diktat" for you. You should keep your new employer informed of the existing Company's actions on being "upset" that you have resigned and the ongoing developments. Your decision to join the new Company is dependent on your "firmness" and not on whether your resignation is processed by the existing Company, who have very little choice, and that is to process and handover your full and final settlement dues and Service Certificate on the last working date of your notice period. Yes, if the existing Company does not pay and settle your full and final settlement dues, you may file a complaint for compensation.

Regards,

Read more
Answered on 4/01/16, 12:15 am


Related Questions & Answers

More Labor and Employment Law questions and answers in India