Tanya Mitra (Senior hr) 27 March 2012

Notice period

I recently resigned from my organisation without a job in hand due to the ssues iwith my manager. I resigned being fully aware and confident of my ability to get a job within three months of my notice period. I have clearly stated my last working day in my resignation notice (three months from date of notice) in reference to the clause in the appointment letter.

The appointment letter has the following clause: " this appointment subject to confirmation can be terminated either by you or the company by giving a notice of three months or payment of monthly salary in lieu thereof on either side".

My manager has now sent me a mail after 20 days stating that they will relieve me within a month (i.e. 2 months prior to the expiry of my notice) and that my last working day will be end of this month.

My question is:

1) Can the organisation relieve an employee even if the employee is willing to serve the entire notice period. This will amount to discontinuity of service and loss of pay.

Thanks

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 27 March 2012

Dear Ms.Mitra,

That's a clear breach of contract on their part in redressal of which you are entitled to get damages + salary. Serve them a legal notice. The company has no arbitrary rights in the contract.

Kumar Doab (FIN) 27 March 2012

Kindly follow the advice of learned Mr. Chugh.

Your manager in all probabilities is neither your appointing authority nor authorized as competent authority by board of the company to accept your notice of resignation. Your manager can not act in such manner in his individual capacity or even under instructions.

If the notice of resignations accepted before effective date of resignation it can be termed as illegal. Your lawyer may choose to make your manager a party. You may approach your lawyer with all records.

H. S. Thukral (Lawyer) 27 March 2012

Your employer can relieve you by compensating the notice period. You are entitiled to two months wages.

Kumar Doab (FIN) 27 March 2012

Learned Mr. Chugh and Mr. Thukral have given valuable advice. Kindly follow it.

You should have addressed your notice of resignation to the good offices of your appointing authority, MD, Head-HR and not your manager, and should have candidly mentioned the reason of contemplating to resign e.g. issues you have been facing with your manager. Most of the good companies have their internal grievance redressal system.

Your objective is to finalize your next venture within your notice period. You may address another letter giving reference of your notice of resignation and effective date of resignation, and that you shall be serving full notice period, and your last day in office shall be at the end of notice period of 3 months i.e. dated.............

You may cite email sent to you by your manager and mention that you would like to have a written confirmation from competent and good offices the validity of this email say with in next 2 days and if you do not hear you may walk into the good offices and explain the issues you have been facing and announce that you shall be serving the full notice period. Later you may submit minutes of discussion. There is nothing wrong in giving it a try. Majority of the employee shy/hesitate from visiting and approaching the good offices, and their issues do not reach good offices and line management succeed in getting the acceptance of notice/resignation or even termination from concerned personnel in HR designated to sign on these communications.

If you are running short of time you may approach a competent and experienced service lawyer to draft your representation. You can withdraw notice and submit afresh notice.