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Rahul Bhat (Manager)     20 November 2011

Acceptance of resignation

Can any one help me..

As per my appointment letter  been stated that “ Your service will be terminated by three calendar months’ notice in writing from either side. The Company reserves the right to pay salary in lieu of such  notice."

While submitting the resignation I had given 3 months notice and I already served 1 month notice as on today. Now my head and other colleague is not giving full support. Hence I want to live the company with immediate effect and ready to pay either 2 months’ salary or can surrender 75 days leave in account.

I requested to my head of the dept. to relieve me immediate but he has replied that I have to complete 3 months notice and no position to relive before 3 months.

Thanks.

Rahul



Learning

 3 Replies

Avinash Kumar Sharma (Sr. Manager HR)     20 November 2011

Dear Rahul,

They can not force you to serve if you are willing to surrender two month's basic pay or earned leaves. Simply mail them your request and give them specific date after which you do not want to come and see the result. If they do not settle your dues on your last day of working then consult a good legal expert and act according to his advice. But keep it in mind that you should keep record of every thing with you.

Regards,

Avinash

kameswarao S (Head HR)     21 November 2011

As it is clearly mentioned in the appointment letter hence you can pay 2 months salary in lieu of notice period and get relieved. I believe they sahll not adjust your leave against notice period but they should encash and adjust the amount against the amount payable.

Regards - kamesh

Kumar Doab (FIN)     21 November 2011

You have posted:

-as per your appointment letter "The Company reserves the right to pay salary in lieu of such  notice." It is believed that company is silent on whether the employee can tender notice pay in lieu of notice period.

-"Now my head and other colleague is not giving full support. Hence I want to live the company with immediate effect"

You may submit, under acknowledgment, a communication establishing it by citing specific incidences. You may remain alert and should not leave any room for the company to charge you on any count.

You can submit, under acknowledgment,  another communication subsequent to your notice of resignation, quoting its reference and mention your effective date of resignation. You may give a few days as suitable to you and avoid abrupt termination. You may mention that within and up to effective date of your resignation, company should ensure completion of smooth exit formalities, should take charge/company property and issue receipt/NDC on the spot, NOC (if applicable and acceptable to you) and supply you acknowledgment/acceptance of resignation, work experience/service certificate, relieving letter, form 16, FNF statement, settlement of a/c and payment of dues, PF accumulation reports, PF withdrawal/transfer forms, NOC/NDC etc.

You may submit, under acknowledgment, a list of:

-items to be submitted by you to company and by company to you and demand that verified list should be supplied to you at once to avoid inconvenience, wastage of time and funds by either party.

-payables by you to company and by company to you, and demand that verified list should be supplied to you at once to avoid inconvenience, wastage of time and funds by either party, and you may mention that notice pay towards shortfall in notice pay, may be adjusted in FNF statement.


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