Resignation policy and procedures
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| Employee resignation policy and procedures |
Resignation is a formal statement of an employee intention to leave a job or position.
Resignation is the right of the employee and the same cannot be restricted by any organization. There may be formalities and notice period etc. but no one can be forced to continue doing work which will amount to forced labour.
Once the employee delivers the notice (or gives up pay in lieu of giving notice), it is deemed to have been given on that day (provided it is delivered to you in person/by email unless this is usual). Therefore, it does not matter whether your employer accepted your resignation or not, because your resignation has already been communicated to the employer.
It is also worth noting that once an employee has delivered a notice, employers have no legal right to withhold the notice. The only exception is a situation where disciplinary proceedings are already underway. They cannot file any notice and initiate disciplinary proceedings after resigning because they are no longer an employee of the organization.
Therefore, if an employers' organization has any allegation against any former employee, it can file an action in a competent court based on the nature of the allegation. So there is a possibility that his/her former organization will take such alternative actions against him/her.
As per section 27 of the Bangladesh Labor Act 2006 states that a permanent employee may resign his service by giving 60 (sixty) days written notice to the employer. In the case of a temporary employee, he may give notice to the employer 30 (thirty) days in the case of employees with a monthly tariff, and 14 (fourteen) days in the case of other employees, in writing. .
On the other hand, if the employee intends to resign without notice, s/he can do so by paying the employer an amount equal to the wages for the notice period instead of the notice period. It should be noted that if the employee is a senior employee, s/he must refer to the terms and conditions of his/her employment to determine notice period etc., as the Bangladesh Labour Act may not apply in this case.
An employee who resigns is also entitled to all payments of wages, benefits, allowances, other statutory entitlements, etc. valid until the last day of work.