venkateswara rao (Sr.Analyst) 09 May 2010

Resignation and Notice Period

Hi Experts,

My notice period in current organization is 2 months.

My date of resignation is 07-apr-2010

Leaves available - 19 days

My joining date in new company is 08-Jun-2010

Due to some medical emergency i am asking for 3 weeks leave and the manager is asking me to work for 3 more weeks after coming back from medical emergency leave which will take the notice period time beyond 2 months that is 07-Jun-2010.

Is it agreeable? can i file a case aginst the company?

Quick response is much appreciated.

Regards,

Venkat

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6 Replies

Amardeep Srivastava (Senior Law Officer) 11 May 2010

Please check your service rules. There must be an option to pay in lieu of notice period.

Kumar Doab (FIN) 12 May 2010

Check your appointment letter.

You may take up your matter with your reporting authority, HR and you shall need to use negotiating skill, patience to convince them for your case and thus you shall be able to avoid litigation.

You can remit the notice pay.

venkatkrishna (AGM) 14 May 2010

Mr.Venkateswara Rao, you first check your approintment letter, confirm yourself the notice period and in absence of it other remidies like monitory compensation. Your case is based on terms and condidtions of your appointment letter.

Next Mr.Kumar view is right but the HR dept is working for the company not for employee . They never hear the outgoing employee. Now a days organisations behaving like HITLERS. If any employee wants to leave , the employer put him in to troubles. Employer has forgotten the word of Humanity. These employers instead of trying to retain the employee, troubling unnecessarily.

Venkateswara Rao unless you tell about your employment letters terms and conditions no one can suggest appropriately.

Kumar Doab (FIN) 14 May 2010

You can send a scanned image of your appointment letter, and erase the portions you do not intend to be viewed.

If there is option to remit the notice pay, you may remit for the period you do not wish to serve.

if not,You may show your appointment letter to your service lawyer and there shall be way out, by natural justice.

Neeraj (Manager) 19 May 2010

Hi,

I resigned from my company on 5th May 2010, I asked for my release on 11th June saying I will pay for the remaining notice period as is mentioned in my offer/appoinment letter,

The notice period is 90 days and I have 42 days of leave, I am ready to pay for the remaining notice period but still my company is not releasing me and they are saying In case I pay them and leave they will not provide me with Releving letter and service certificate.

Please suggest me if I can take help from Labour officer or court.

My resignation letter :

I am resigning from my services from company with Immediate effect.

Please help me in getting smoothly released on or before 11^th June 2010, I have recently moved in new role and still in KT Phase.

I don’t think I need much time to transfer things which I got in last two weeks from the new role.

I am ready to compensate for the rest of the notice period as is agreed in my Offer/Appointment letter.

Thanks,

Neeraj

adariharish (SSE) 26 May 2010

Dear All,

I have joined a company one month ago. I have tendered my resignation recently.

Right now i am in probation period since i have joined the company in the last month. So, as per the contract, i can pay one month's basic pay to the employer and can terminate my service.

More over i didn't receive or undergone any business/project related functional KT.

According to the contract/deal, we have:

" 1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of probation period you will be confirmed in the services of the company."

" 4. During the Probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, notice period for severance will be three months on either side or salary in lieu thereof. Salary for purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."

Now that i dont want to serve the notice period and i am asking them to deduct one month's basic pay from the current month salary plus any other charges as applicable, as per the contract. I even asked them if any mode of payment is required please let me know.

But the HR is refusing to release me immediately and asking me to serve the one month's notice period or they will take the legal action's against me.

I have asked them to go with the contract/deal that i have signed at the time of joining with the employer, HR is behaving very arrogantly! and ignoring my request.

i dont need the releiving letter also but i just wanted to know whthr any thing they can do legally in this case.

Thanks in Advance! for all your valuable inputs

Harish