Resignation letter/ notice period to serve full

md (Querist) 24 March 2012 This query is : Resolved
Sir,
I had given resignation to my current employer dated on 10.03.2012 so as to join my next employer by 12.04.2012. My resignation was accepted by my immediate boss to relieve me by 31.03.2012. But my HR head is not releiving me telling to serve complete notice period i;e 90 days.
As per our policy in appointment order it is mentioned as -- Termination of employment by either party will be by giving 3 month notice in writing to the other.In event of giving a notice of termination shorter than the above period, the Company shall have its own discretion to adjust any leave due to you or from you dues towards the shortfall in notice period. And in our policy it is stated as--
In cases where the Unit wants the employee to serve his full notice period or a part of it and the employee wants to separate before that:
o Employee will have to take an approval for the same from his Skip Level supervisor and Unit HR Head
o He will have to pay the Unit for the notice period he did not serve. The payment will be on guaranteed cash part of his CTC.
So kindly advise me as I have to join next employer immediately.

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Chanchal Nag Chowdhury (Expert) 24 March 2012
Make the offer for payment/ pay the amount & move out.

md (Querist) 24 March 2012
Sir,

But my current employer is not ready to take amount/notice payment.... If I move out from organisation will it create an illegal act. Please advise in this regard....

Guest (Expert) 24 March 2012
The employer does not have the right to enforse his will as against the provisions of the conditions of service framed by his own organisation. You may therefore write to the HR (through your immediate boss with copy direct) that the date of resignation may be treated as final and the amount, if any due for the shortfall of notice period after adjustment of your leave due, may be intimated to be deposited by you.

Raj Kumar Makkad (Expert) 24 March 2012
Dhingra ji has replied you best so follow his direction and sort out the probelm.

md (Querist) 28 March 2012
Sir,
As per my query I wnat to serve one month notice and move out with settlement but my HR is not agree to do settlement(2 months CTC) telling to serve full notice, so will he provide Releiving letter soon or not? Please advise in this regard as I have to join other organisation.

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