Notice period query

1.      The company has asked you verbally or in writing?

You should keep on attending office and mark your attendance, until you receive written orders.

If you stop as per verbal orders you shall certainly be without salary for 2 months.

2.      Another option is that you can ask the new employer if they can issue offer letter and absorb you immediately.

After the offer letter is received by you and terms and conditions are found acceptable, you are safe.

This shall suit all the parties. However you should not resign until your current company agrees to wave off the shortfall in notice period in writing.

3. You can withdraw your notice before the effective date of resignation.

4. It is felt that before the effective date of Resignation Company cannot accept your resignation, whatever reason they may quote. If they do so, the action can be termed as illegal. Hence if they have finalised upon your replacement, they shall try the tactics to move you out and absorb the replacement. If you tend to agree with the decision of the company, you can ask for the notice pay for the balance period.

Valuable advice of learned experts/members is sought.

I resigned on 8th of August, and on 25th they have taken the complete handing over from me and have said that we are relieving you from 26th, there is no written document, bu they have sent a mail to all the employees that i have been relieved from 26th.

i have mails which were given as a part of handing over, they have neither given me any resignation acceptance or relieving. but i have sent couple of mails for them to send me an acceptance. for which i have not got reply. i have these mails with me.

regards

Binu

DEAR BINU,

HANDING OVER THE CHARGE AND SENDING MAIL TO EVERYBODY THAT YOU ARE RELIEVED ON 26TH ITSELF SHOWS THAT YOUR RESIGNATION HAS BEEN ACCEPTED. DON'T BE PANIC. SIMPLY SEND LETTER / MAIL FROM YOUR PRIVAT ID THAT AS YOUR RESIGNATION HAS BEEN ACCEPTED AND YOU WON'T ATTEND OFFICE FROM _DATE ONWARDS.

REGARDS

RAJIV BHASIN

ADVOCATE

9811210505, 9868635640

The learned experts/members have given their valuable advice. Kindly follow the advice.

You should not stop attending office, and if you are stopped to enter office and mark your attendance and perform your duty, you should complain to your appointing authority, MD,HR Head, Company Secretary, narrating the incidents.

You might have obtained copy of the email to all employees stating you have been relieved. While the company has communicated to one and all why there is no communication to you, although first communication should have been supplied to you, then to anyone else.

Company can explain that due to their business exigencies they inducted your replacement and you stopped attending office, and they waived off the shortfall in the notice period, hence the notice pay shall not be paid.

While before the effective date of resignation cannot be accepted, and if you tend to agree with the company you can settle with notice pay.

Kindly proceed as deemed fit.