Response
You should send a mail for resignation to your compamy’s HR as per the terms of resignation as mentioned in the letter of your employment. Along with that send a copy of your resignation through a registered post as well.In case the company does not accept your resignation even after you have taken these steps, you may issue them a legal notice through a lawyer.
You can leave the job by either giving notice or payment in lieu of notice. The relations between the employer and employee are primarily governed by the Appointment Letter. The Company’s policies and procedures are the supplimentary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is company’s discretion to accept the notice or not is against the provisions of constitution of India. Hence company can not threaten you by showing this clause. The Company cannot force you to serve the entire notice period or can not retain you.you can file complaint if they didnt respond you.good luck.
A company has to accept your resignation and cant force you to sign non-compete clause.
Here is the law:
1. Non-compete clauses are illegal in India as per Section 27 of Indian Contract Act, 1982. They cant be enforced. So dont worry..
2. They must accept your resignation.
3. They cant refuse to give your relieving/ experience letter under any condition.
Here is what you can do:
1. Send your resignation by Speed post and then send the scan copy via email and also mention the tracking no. It means you have done your duty.
2. In the resignation letter itself, ask that you need to get the relieving letter by XX date.
Please do keep all copies of your employment agreement, internal exit policies etc for further usage.
Reference: A company has to accept your resignation and cant force you to sign non-compete clause.
Here is the law:
1. Non-compete clauses are illegal in India as per Section 27 of Indian Contract Act, 1982. They cant be enforced. So dont worry..
2. They must accept your resignation.
3. They cant refuse to give your relieving/ experience letter under any condition.
Here is what you can do:
1. Send your resignation by Speed post and then send the scan copy via email and also mention the tracking no. It means you have done your duty.
2. In the resignation letter itself, ask that you need to get the relieving letter by XX date.
Please do keep all copies of your employment agreement, internal exit policies etc for further usage.
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