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Resignation query

(Querist) 20 February 2012 This query is : Resolved 
Dear All
I want to ask an query.I submitted my resignation on 24.01.2012 which was accepted by my boss on the same date.the notice period is of 2 months.I requested in the letter to relieve me till 25.02.2012.1 months notice period shall be paid by me to the company.but till the date of posting this query no reply is received from employer.
can i take it as an implied consent to my resignation since there is no reply from the employer about my relieving date.I believe that being silent is implied consent to it.since as per the regular procedure of the company something is always communicated to the employee who is resigning.(i.e.we cant relieve you so early or you will be relieved by this date etc).

what will be the consequences if i leave the job on 25.02.2012 assuming that there is implied consent to my resignation?Pl advice.

Yes the appointment letter states notice period of 2 months or salary in lieu of notice period at the discreation of managment.and the employer is a deemed pvt ltd company.

see my question is clear that i have communicated in writing i.e.resignation but i ve not received any reply even after 28 days.so can i say that managment is indirectly giving consent to my resignation if they have any objection about the date they should convey in writing.
K.S.Srinivas (Expert) 20 February 2012
It depends upon the terms and conditions of the appointment letter. In case there is a condition in the appointment letter that in lieu of two months notice, salary can be paid then you can pay salary for the balance one month. In case in the appointment letter two months notice only shall be given, then you have to abide by that.

Sankaranarayanan (Expert) 20 February 2012
Well said by my frds. What clause been framed in agreement then it abbide so if any one against then breach of aagrement
Sudhir Kumar, Advocate Online (Expert) 20 February 2012
You have not disclosed if the employer is Govt or private. Public or Private Ltd. PSU or autonomous body.
Ankur (Expert) 20 February 2012
Whether the appointment letter says that you can pay in lieu of notice period or it will be at the discreation of the company. If your position is critical thn company may relieve you after you serve your full notice period and within that time they may find your replacement.

in the given situation, you can verbally ask your boss or HR department and in case of no reply,make a written request asking for date of relieving. If you have any leave in balance, availed them too
Kirti Kar Tripathi (Expert) 21 February 2012
employed consent can be deemed. so far as period is concerned, it will depend on your terms of service conditions.


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