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Amit Chatterjee (Officer)     04 September 2023

Resign with very few days notice

I am working in a private organization, as a senior software developer, since two decades. Since a year, I am facing harassment and humiliation in various forms. My earlier reporting person resigned in 2020. Last year several of my tasks (which I have been doing since 15 years) were taken away by a senior person of a department (I have to deal with this department's statutory software applications) and was given to a person in his department, without any discussion with me. Later, HR called me and complained that I don't have much work so company may not keep such employees, etc. In the room there was another person and the HR head. I immediately objected and talked about all my responsibilities. I also provided a detailed printout of my tasks. They didn't believe much and I faced many humiliating and derogatory comments from both. Also, this humiliating person was told to be my new reporting person. Basically the objective seems to be to remove me and distribute my tasks to two persons to save them. The entire atmosphere is very venomous and suffocating for me. I am filled with agony and anguish since last year. I have eventually decided to quit.
My appointment letter has this clause - "Your services will be terminable by one month's notice from either side without assigning any reason. Your services may however, be terminated by the company with payment of an amount equivalent to one month's pay in lieu of one month's notice." I want to know (a) what steps can be taken against me if I resign with very few days' notice? (b) What should be my ideal steps to take at this gruesome hour? 


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     04 September 2023

Even though you are pushed to the wall to succumb to their pressure without leaving any chance for you to survive anymore in the organisation, you may not give it up at this stage, if the employer is terminating your services, you can take legal action against the organisation by filing a writ petition before high court and seek huge compensation and reinstatement, because at the stage of your employment spread over for around two decades, the company has to justify the termination decision, hence you can find lot of chances to win the case in the high court

Amit Chatterjee (Officer)     04 September 2023

Thanks for your response.

What happens if I give just a couple of days notice and resign? Basically I still have several very specific tasks in my hand which are not known to anyone else (about how they are done). What legal steps can the company take?

Dr. J C Vashista (Advocate and Legal Consultant)     04 September 2023

Keep the tasks with your chest and do not disclose them to anyone till you are constrained to resign.

Know how for doing a specific task is your personal intellectual properietory which cannot be shared without your permission.

Your service terms shall be governed as per conditions of your appointment, which would neither be as you desire or employer want arbitrarily.

Real Soul.... (LEGAL)     04 September 2023

You can buy the notice period by paying one month of salary and it is better to resign now so that they get no chance to terminate you. If they terminated you with stupid reasons that will affect your future jobs or you have to challenge the termination letter in court latter.

better to submit the resignation  within agreement term by either serving the notice period or paying for waving off  the notice period.

Amit Chatterjee (Officer)     06 September 2023

Thanks a lot. 

If I give a short notice period, what legal steps can be taken by the employer?

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