As a Director at a college for the last 8 years, I submitted my resignation on November 25th, after receiving a job offer. The college management convinced me to stay, but never responded to my resignation email. On January 24th, I received a notice stating my resignation had been accepted and my notice period was counted from November 25th. I was then asked to leave immediately. Is this legal? Can my notice period be backdated?

Apni Law
Apni Law
Law Forum › Category: Labour & Service › As a Director at a college for the last 8 years, I submitted my resignation on November 25th, after receiving a job offer. The college management convinced me to stay, but never responded to my resignation email. On January 24th, I received a notice stating my resignation had been accepted and my notice period was counted from November 25th. I was then asked to leave immediately. Is this legal? Can my notice period be backdated?
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Apni Law Staff asked 2 years ago

As a Director at a college for the last 8 years, I submitted my resignation on November 25th, after receiving a job offer. The college management convinced me to stay, but never responded to my resignation email. On January 24th, I received a notice stating my resignation had been accepted and my notice period was counted from November 25th. I was then asked to leave immediately. Is this legal? Can my notice period be backdated?

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Best Answer

Apni Law Staff answered 2 years ago

Backdating your notice period is generally not legal in India. The college management’s silence on your resignation for over two months does not automatically accept it. They are required to respond within a reasonable timeframe and cannot backdate the notice period to your initial resignation date.

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