1) If the resignation is not accepted in written within 3 days from the receipt, it will be

deemed as resignation accepted.

2) You are requested to take oer all the handoers on or before !!!!!!!!!!!!date "last working
date) for a smooth e#it
3) $lease clear all the dues etc etc
attribution http%&&www.citehr.com&'(32))!what!do!if!resignation!not!
accepted.html*i#++3(,2f,#-t
I am presuming that you hae an acknowledgement to your submission. If not send it through
registered post with acknowledgement due. -nother option is you may as well email your
resignation to your immediate boss and to the management and according to the digital eidence
act 2..., this is alid een if they do not respond.
$lease ensure physical handoer of charge if any and again email it to them.
$lease ensure that that there are no financial dues from you.
attribution http%&&www.citehr.com&'(32))!what!do!if!resignation!not!
accepted.html*i#++3(,3/y0#1
If not then you may send a reminder to the company also with a clear mention to nominate a
person to take oer your charge. You can also mention in your reminder that if no response is
receied, the resignation would be treated as effectie to be relieed of the responsibilities of the
company from the due date of resignation at the risk and responsibility of the company, itself.
attribution http%&&www.citehr.com&'2(2.3!employer!not!accepting!resignation!legal!
notice.html*i#++3(,3k-4Yq
5orally resignation cases has to be settled amicably by both the parties.
attribution http%&&www.citehr.com&'2(2.3!employer!not!accepting!resignation!legal!
notice.html*i#++3(,'267c.
If the employee is willing to $ay the notice period amount, on the contrary to what you are saying
the /ourt will protect the interest of the employee as forced employment is illegal in India and
such a scenario is squarely coered under the definition of forced labour.
attribution http%&&www.citehr.com&'2(2.3!employer!not!accepting!resignation!legal!
notice.html*i#++3(,'aa8gs
You can file a petition to the nearest -9/" -ssistant labour /ommissioner) or in a labour court to
get a faourable order. 0et in touch with a good legal counsel and start acting a little street!smart
for your organisation:
attribution http%&&www.citehr.com&13',)!help!resignation!not!accepted!acceptance!
letter.html*i#++3(,)fay;d
also on your last working day send an e!mail to your manager and to other seniors thanking them
for their support they gae u thru out your tenure. keep a print of that also. 1
1hen again go to your manager < ask for an acceptance to that. If gies it good enough otherwise
you take the printouts < gie them to your new employer which in a sense would declare that you
hae resigned the last company < sered the notice period too.
attribution http%&&www.citehr.com&13',)!help!resignation!not!accepted!acceptance!letter!
pg2.html*i#++3(,/=>ky-
-n action can only be inititaed, if he has ran away with the belongings of the organi+ation, for that
i think you can go with criminal proceedings.
attribution http%&&www.citehr.com&3,()'!absconding!after!resignation!legal!
action.html*i#++3(,>-w8nd
-fter the resignation by an employee if he&she left the company without giing &completing notice
period, only remedy left with the employer is to deduct notice period as per term and conditions of
the appointment letter,if the employee haing some aluable with him that also be recoerable
from his final settlement,in case of important document in his&her possesstion then it can be
persued with relaent criminal proceedings.
attribution http%&&www.citehr.com&3,()'!absconding!after!resignation!legal!action!
pg2.html*i#++3(,1gq?h
As per the Indian Statute bonded labor system was long abolished and no bond can force
any person to work against the employees wishes
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the
Constitution the write work is a fundamental right, and under no circumstance does the
Fundamental rights under Article 19 be waived by any person nor can any person be
forced to do something that!"s amounting to the violation of the rights mentioned under
Article 19#
@b$As per the Indian Contract Act contracts entered between two parties if is one sided
then such contract would be null and void# %ost of the &onds are one sided#
Again as per the Indian Contract Act no contract can be enforced on any person if the
contract which is being so enforced causes any harm to the person on whom its is
enforced and if performed would violate principles of natural 'ustices#
@&bAAs per Sec ()* of Indian +enal Code if any person or institute holds back any document
or any use any legal document or threatens any legal suits or actions and thus forces a
person to perform any act against his wishes or which is illegal or wrong as per the statute
of ,aw of the land#
Sec ()* of Indian +enal Code talks about e-tortion by the threatening to file a legal suit#
.he minimum punishment under this act is / two years#
.he Supreme Court of India has clearly stated that no employee can be forcefully
employed against his will, 'ust because he has signed a contract with the employer#
.he court also has stated that the employer can not hold back any personal document of
the employees as they are earned by the employees and the company has no claim on the
same#
@bA-ny complain on the company would land the 4irectors and 5anaging 4irectors of the
company in Bail, as the company is not a actual liing entity but legal entity and the management
are hands and heads of the company.@&bA
&onds are applicable only if the company has spend money on the personal grooving and
enhancement of the employees, but not 'ust a training that helps employees perform
better#
attribution http%&&www.citehr.com&'(2,3!employment!bond!serice!bond!
serices.html*i#++3(,=ya2..
RESIGNATIONS LEGAL SPECTRUM
[by S. Anwar Basha, Asst. Manager (Pers. & Admn.), Nagarjuna Fertii!ers and
"hemi#as $imited, %a&inada '33((3, A.P.)
Introduction
"*ntra#t *+ Ser,i#e en#*m-asseth three basi# +undamentas ,i!., offer *+ ser,i#e by
em-*yee, acceptance *+ his ser,i#es by em-*yer and consideration *r wages -aid +*r
the ser,i#es rendered. .n the n*rma #*urse, the reati*nshi- *+ master and ser,ant is
estabished #*nse/uent t* this #*ntra#t.
0hen either *+ the tw* -arties see& t* se,er the reati*nshi- *+ master and ser,ant, they
are at iberty t* d* s*, but within the +ramew*r& *+ aw.
A##*rding t* "hambers 1(
th
"entury (2343 editi*n) 5i#ti*nary, meaning *+ the w*rd
6resign7 is 6t* yied u-7, 6submit #amy7 6t* rein/uish7 6t* entrust7 6t* gi,e u- *++i#e,
em-*yment et#.,7
"*ntra#t *+ em-*yment #*mes t* an end in the +**wing situati*ns8
. 2. 9esignati*n
1. Aband*nment *+ ser,i#e
.. 3. Sim-e :erminati*n
... ;. "*m-i#ated :erminati*n
a. 5ismissa
b. 5is#harge Sim-i#iter
#. 9etren#hment
d. "*sure
e. "*m-us*ry 9etirement
'. 9etirement *n attaining the age *+ su-erannuati*n
<. =*untary retirement
Why people resign?
Pers*ns, wh* resign +r*m the "*m-any, n*rmay d* s* t* ta&e>u- m*re u#rati,e *r
ad,antage*us em-*yment *r +*r *ther -ers*na reas*ns.
0ight to terminate the relationship of master and servant or vice versa1
?ust as an em-*yer has a right t* terminate the ser,i#es *+ an em-*yee, an em-*yee t**
has a right t* -ut an end t* the #*ntra#t *+ em-*yment by in+*rming his em-*yer *+ his
intenti*n t* gi,e u- the j*b. :his right is s-e#i+i#ay #*n+erred under the Standing
@rders. :here+*re, *ne *+ the ways *+ terminating the #*ntra#t *+ em-*yment is
resignati*n. .+ an em-*yee ma&es his intenti*n t* resign his j*b &n*wn t* the em-*yer
and the atter a##e-ts the resignati*n, the #*ntra#t *+ em-*yment #*mes t* an end and
with it stands se,ered the em-*yer>em-*yee reati*nshi-. Ander the #*mm*n aw, the
resignati*n is n*t #*m-ete unti it is a##e-ted by the -r*-er auth*rity and be+*re su#h
a##e-tan#e, an em-*yee #an #hange his mind and withdraw the resignati*n, but *n#e the
resignati*n is a##e-ted the #*ntra#t #*mes t* an end and the reati*nshi- *+ master and
ser,ant stands sna--ed. (?.%. "*tt*n S-g. & 0g. Mis "*. $td., ,. State *+ A.P. &
@thers. B S" $$?>.>2332)
.n ser,i#e juris-ruden#e, the w*rds su-erannuati*n, ,*untary retirement, #*m-us*ry
retirement and resignati*n ha,e #ear and di++erent #*nn*tati*ns. Su-erannuati*n is
#essati*n *+ ser,i#e *n attaining the age *+ retirement and is neither an a#t *+ the
em-*yee n*r an a#t *+ the em-*yer. "*m-us*ry retirement is an a#t *+ the em-*yer.
=*untary retirement and resignati*n are b*th ,*untary a#ts *n the -art *+ the em-*yee,
t* ea,e ser,i#e. :he distin#ti*n between su-erannuati*nC,*untary retirement *n *ne
hand and resignati*n *n the *ther is as* we re#*gnised. 0hie resignati*n and
,*untary retirement are b*th ,*untary a#ts, resignati*n #an be at any time whie
,*untary retirement, is a+ter the -res#ribed -eri*d *+ /uai+ying ser,i#e. 0hie an
em-*yee wh* ,*untariy retires gets a the retirement bene+its, a -ers*n wh* resigns
(that is ,*untariy ea,ing the ser,i#es with*ut -utting in the minimum /uai+ying
ser,i#e) wi n*t get retirement bene+its. 9etirement im-ies -utting in the re/uired
minimum ser,i#e and brings in the eement *+ 6*yaty7. 9esignati*n im-ies m*,ing t*
6-astures new and green7. =*untary retirement is aways with the -ermissi*n *+ the
em-*yer. 9esignati*n #an be with*ut -ermissi*n *r n*ti#e. .t is n* d*ubt true that a
resignati*n, a+ter #*m-eting the -eri*d *+ /uai+ying ser,i#e and with the #*n#urren#e *r
a##e-tan#e *+ the em-*yer, wi be a ,*untary retirement. (Baaji Singh 9. ,. D.M.:.
$td., > D" %arnata&a > $$?>..>2333)
?hen an employee oluntarily tenders resignation, such a situation would be coered by
the e#pression C oluntary retirementD. 1he question considered by the 7onDble >upreme
/ourt was whether resignation, when accepted by the employer, is a termination
amounting to CretrenchmentD under >ection 2"s) of E.$. Industrial 4isputes -ct, 13')
"corresponding to >ec. 2"oo) of Industrial 4isputes -ct, 13')), rendering the employer
liable to pay compensation to the employee under (!4 of E.$. -ct. "/orresponding to
>ec.22!F of the /entral -ct). 1he 7onDble >upreme /ourt considered the matter with
reference to CretrenchmentD, that is whether it was an act of termination by employer or
whether it was an act of termination by employee oluntarily giing up his employment.
1he first question is, therefore, answered in the negatie. "BG /otton >pinning <
?eaing 5ills . >tate of E.$. "1331!I!99B!33 >/)
Resignation
When becomes effective?
Aahabad Digh "*urt has hed that a#t *+ resignati*n is #*m-ete when #*m-etent
auth*rity a##e-ts *++er *+ resignati*n. F*r be#*ming resignati*n e++e#ti,e, it is n*t
ne#essary that em-*yee sh*ud re#ei,e #*mmuni#ati*n *+ its a##e-tan#e.

(Anand %umar :ewari ,. Su-erintendent *+ P*i#e, ?una-ur 1((1 $." ''1 Aahabad
D")
Validity of acceptance by oral communication
An em-*yee had submitted his resignati*n, whi#h was a##e-ted *n the same day and
#*mmuni#ated t* him *ray, and an*ther -ers*n was a--*inted. "*n#erned em-*yee
did n*t re-*rt +*r duty therea+ter. Ab*ut 2( days therea+ter he withdrew his resignati*n.
:he /uesti*n is whether a##e-tan#e *+ resignati*n was -r*-er.
:h*ugh the a##e-tan#e *+ resignati*n was n*t #*mmuni#ated in writing, the em-*yee
made t* understand immediatey that this was a##e-ted and he was reie,ed. :here+*re,
the #*mmuni#ati*n that is re/uired is the #*mmuni#ati*n t* the -ers*n #*n#erned in the
manner in whi#h the em-*yee understands that #*mmuni#ati*n. :he #*mmuni#ati*n
need n*t be in writing, *n#e resignati*n was a##e-ted, terminati*n *+ ser,i#e was
#*m-ete. (:. 9a,indran ,. P.@. $ab*ur "*urt "*imbat*re 1((1 (1) $$N 323 Madras
Digh "*urt)
Withdrawal before acceptance8
"an resignati*n be withdrawn be+*re it is a##e-tedE
.t is hed *n the +a#ts *+ the #ase that resignati*n tendered by the -etiti*ner #ann*t be said
t* be ,*untary. As -er the aw aid d*wn by the Su-reme "*urt, em-*yee #an withdraw
his resignati*n be+*re the em-*yer a##e-ts it. :his is what has ha--ened in this #ase.
Besides, -re#*nditi*n *+ de-*sit *+ three m*nths -ay was as* n*t #*m-ied with. .t
#ann*t thus be said that resignati*n was a##e-ted in a##*rdan#e with the -r*,isi*ns *+
aw. Petiti*n is a*wed #haenging a##e-tan#e *+ resignati*n. N$ F*thwa ,.
"entra Ban& *+ .ndia 1((1 2 "$9 324 (9aj D").
2ithdrawal of resignation before communication of acceptance
.n *ne #ase, the D*n7be Su-reme "*urt has hed that the resignati*n be#ame e++e#ti,e *n
a##e-tan#e and its n*n>#*mmuni#ati*n did n*t render it in*-erati,e.
.n this #ase the #*ntenti*n *+ the 9es-*ndent (the w*r&man) was that (i) the a##e-tan#e
was n*t #*mmuni#ated ti the withdrawa, and (ii) 9es-*ndent was -ermitted t* attend
duty e,en a+ter the a##e-tan#e *+ resignati*n. :he "*urt hed that b*th these gr*unds
were unsustainabe in aw whie reying *n the earier #ase *+ 9aj %umar ,. Ani*n *+
.ndia
Withdrawal after acceptance
8mployee is entitled to withdraw his resignation after it is accepted but before it
becomes effectie. "7/ Hombay 99B 1332 >ubhangi >opanrao Hhosle . -4
4eshpande and others.
Is withdrawal of resignation after it is accepted valid?
9esignati*n tendered by the -etiti*ner was a##e-ted and he was *ray in+*rmed *+ the
same and reie,ed *+ his duties. :en days therea+ter, he withdrew his resignati*n.
:h*ugh the etter *+ a##e-ting resignati*n was n*t #*mmuni#ated t* him earier, the
em-*yee was made t* understand immediatey that his resignati*n has been a##e-ted
and he was reie,ed. :here+*re, the #*mmuni#ati*n that is re/uired t* is the
#*mmuni#ati*n t* the -ers*n #*n#erned in the manner in whi#h the em-*yee
understands the #*mmuni#ati*n. :he same need n*t be in writing. $ab*ur "*urt has
righty #*n#uded that the resignati*n was a##e-ted and that was ,aid. :here is n*
reas*n t* inter+ere. (:. 9a,indran ,. P.@. $ab*ur "*urt "*imbat*re 1((1 (1) $$N 323
Madras Digh "*urt)
Can the acceptance be challenged?
$etitioners in this group of petitions hae challenged the award and urged that they hae
neer resigned and settled accounts but their signatures were obtained on blank papers.
>ettlement was arried at between the management and the workers before the
-ssistant 9abour /ommissioner through the Enion and settlement was arried at. From
the settlement it is clear that these workers who had resigned or those who hae settled
the accounts were not to Ioin and others were to Ioin duty. If the resignations were taken
by coercie or fraudulent means, this should hae been brought to the notice of -sst.
9abour /ommissioner who had reconciled the matter between both the parties ide
settlements. 1he stand of the workers that their signatures were taken on blank papers
cannot be belieed at such a belated stage. ?rit petitions were dismissed. "Halak 6am
. $.J. 9abour /ourt, /handigarh 2..2 1 99B (' "$<7 4H)
Case of Voluntary resignation
1his petition is against an award of 9abour /ourt directing petitioner to pay
compensation of 6s.1,22,...&! to respondent workman in lieu of reinstatement for illegal
termination of respondent after taking his forcible resignation. 1he defence is that it was
a case of oluntary resignation. It was held that award of 9abour /ourt cannot stand
scrutiny een for a minute and findings are pererse. 1he 7igh /ourt has noted some
glaring facts such as that respondent workman admitted his signature on the resignation
letter. -cceptance of resignation was informed to respondent within 3 K ' days on
22&12&1333. Lo murmur by respondent since then till 1&'&133' on which day he raised a
demand for reinstatement and in this, een there was no whisper that his resignation
was forced. 1he 9abour /ourt was satisfied about the factual aspects of resignation and
yet the 9abour /ourt took CED turn and concluded that resignation was forced one. >ince
the respondent had oluntarily resigned, the award of 9abour /ourt was set aside.
@9affan India "$) 9td., . >hri $ancham >ingh 6awal 2..2 III /96 31( "Hom 7/A
Conclusion
.n ,iew *+ em-*yment a,enues *-ening u- abr*ad and as* in ,iew *+ iberai!ati*n,
Pri,ati!ati*n and F*bai!ati*n, s*me *+ the em-*yees wh* want t* ta&e u- new
assignments are res*rting t* ,ari*us ta#ti#s t* get reie,ed either be+*re ta&ing u- new
assignment *r a+ter. S*me *+ them are -r*#eeding *n ea,e and anding at *ther
*#ati*ns, w*r&ing +*r s*me time there and a+ter getting adjusted t* the new w*r&
en,ir*nment, are sending their resignati*ns. :he reas*n +*r see&ing the ea,e is su#h
that the su-eri*r #*n#erned wi ha,e n* *ther aternati,e but t* a##e-t the same and grant
in g**d +aith, &ee-ing in ,iew the *ng ass*#iati*n *+ su#h em-*yee with the
@rganisati*n.
N*w the m**t -*int is #an the em-*yer #*m-e the unwiing em-*yee t* w*r& +*r the
+u n*ti#e -eri*d when terms *+ #*ntra#t *+ ser,i#e s-e#i+y that the em-*yee #an either
gi,e n*ti#e *r -ay in ieu there*+E
.n ,iew *+ the ab*,e ega ba#&dr*-, em-*yee #an submit his resignati*n and -ay +*r the
sh*rt +a in n*ti#e -eri*d, i+ any, i+ he has t* rein/uish the ser,i#es and get reie,ed
be+*re the n*ti#e -eri*d, i+ the terms *+ em-*yment ha,e su#h -r*,isi*ns. D*we,er,
em-*yer #ann*t h*d him ti the #*m-eti*n *+ n*ti#e -eri*d against his wi when the
*++er *+ a--*intment d*es n*t menti*n *+ retaining him ti the +u n*ti#e -eri*d in #ase
*+ resignati*n. Digh "*urt *+ B*mbay has hed that -remature a##e-tan#e is n*t an
un+air ab*ur -ra#ti#e in the #ase *+ Demant F*,ind =aidya ,. =asant 5ada Saga
.nstitute & An*ther ($$N (ii) 1((( P 3'G). :he same "*urt has as* hed that a##e-ting
resignati*n be+*re eH-iry *+ n*ti#e -eri*d is neither iega n*r an un+air ab*ur -ra#ti#e
("handrase&har Narayan %arandi&ar & @thers ,. =asant 5ada Sagar .nstitute, Manjri &
*thers "$9 2 1((( P 2G<). Further, em-*yee is entited t* withdraw his resignati*n
a+ter it is a##e-ted but be+*re it be#*mes e++e#ti,e (D" B*mbay $$? 233' Subhangi
S*-anra* Bh*se ,. A5 5esh-ande and @thers). .t is ad,isabe t* a##e-t the resignati*n
and reie,e su#h em-*yee when he desires t* and i+ the terms *+ em-*yment s-e#i+y
-ayment in ieu *+ n*ti#e -eri*d. :here+*re, t* #*m-e an unwiing em-*yee t*
#*ntinue in the j*b ti the #*m-eti*n *+ n*ti#e -eri*d, when the *-ti*n a,aiabe is either
t* w*r& *r t* -ay +*r the n*ti#e -eri*d is bad in aw.
ooOoo