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pjsaran (Assistant Systems Analyst)     18 October 2009

Resignation - Notice Period

Hai All,

I am working in an IT company in India - Chennai. In my company when a employee resigns he/she has to serve a notice period of 60 days. The problem is I sent my resignation mail last week but I dint receive any approval. When I asked them they replied like they dint accept my resignation. But I badly want to leave current company to join a new one.I also told them I am ready to serve 60 days of notice period. But they are delaying and wasting my time citing project is critical.


How can I proceed further?. Anyone please help me ?



Learning

 9 Replies

A V Vishal (Advocate)     18 October 2009

Saran

You have served the 60 days notice as required under the contract, however, the reply to your resignation was not accepted and I presume that the same has been communicated to you orally. Plz update whether I am right or wrong for further advise.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     18 October 2009

PLEASE GO THROUGH  UR COMPANY APPOINTMENT LETTER CONDITIONS OF EXIT/TERMINATION/RESIGNATION ETC.,

IF 60 DAYS IS THE CONDITION U CAN RELEAVE AFTER EXPIRY WITH SELF RELEAVING BASIS.

ALWAYS SEND RESIGNATION BY SPEED-POST INADDITION TO YOUR INTRA MAIL/  AND ALWAYS KEEP ONE COPY OF PERSONAL MAIL  I.D.COPY. SINCE UR COMPANY I.D WILL BE CEASED BY THE COMPANY AFTER UR EXIT.

pjsaran (Assistant Systems Analyst)     18 October 2009

Hi,

This is my regination mail.

=====================================================

Dear YYY,

Please accept this as formal notice of my resignation, with effect from 15-Oct-2009. In accordance with my employment I am happy to continue to work until  14-Dec-2009. Thank you for the professional and personal development you have assisted me with. While I have been very satisfied at XXX, I have decided to make this move to advance my career. I have enjoyed working with you and appreciate the opportunities I have been given here.

I will do my best to hand off my current projects prior to 14-Dec-2009. Please let me know if you need my help in any other way to ensure a smooth transition.

=======================

But the reply i got is we cant accept your resignation since the project ou are working is critical.

 

Deepankar Dutt Sharma (Advocate)     18 October 2009

Consutl with the HR of the company U R willing to join about UR problem.

Tell them the option of sending resign from UR personal E Mail & cc to them.

Deepankar Dutt Sharma

Advocate

deepankardutt.sharma@gmail.com

09871033793

Sant Saran (Executive)     19 October 2009

 

Hi All,

I have query on resignation clause of mentioned in appointment letters, usually.

In case of resignation employee has to serve a notice of three months or payment in lieu thereof. Similarly the Company will serve a notice of 3 months or payment in lieu thereof in case if management desires to terminate the service.

Now my question is 1. If somebody doesn't willing to pay the money for any reason, is it possible to serve the notice without paying the money?

2. what does an employee can do in case if he's willing to serve the notice and management wants recovery of money by stating that you are being relieved w.e so and so date...and rest of the notice will be charged from your F&F. Is there any chance of getting waiver from this by stating that i do not want to pay money, considering my request please allow me to work till the notice ends.

Kindly advise.

Thanks

Sant

 

 

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     19 October 2009

Dear Mr.Sant Saran,

Your first quierry is whether we can send notice without paying the money.? The answer is YES. You cane send your notice for Resignation for which no money need to be paid.

Your second quierry is What will happen if the employee serves in the employment during part of the  notice period? the answer to this is that the employer deducts the prorata wages that you have served during the notice period and rest demands from you or recovers from your other dues except your PF. Some times on compasionate grounds they may waive. alternately you can also arrange an agreement with your new Employer for transfer of the loans and advances and the notice period salary , in full and final settlement of the dues of your old employer.A.P.Manoranjan  9908525178 amanoranjan@rediffmail.com.

1 Like

jagadish paranjape (Advocate)     21 October 2009

Once the notice of resignation is sent and employee is willing to render service

for notice period,he is not requred to pay any amount.If the employer relieves him earlier than

completion of notice period,he has no right to demand any amount from employee

in lieu of notice.

1 Like

Sant Saran (Executive)     21 October 2009

Thanks for the all the valuable inputs......Sant.

Ashish Ovalekar (Manager Legal & Compliance)     21 October 2009

Dear Sant,

Rejection of resignation has to be accompanied by reasons for the same. Since you have already resigned, citing serving of notice period, as per terms and conditions of your appointment letter, just serve the Notice period.

Also inform your would be employers, that there would be a problem as to the releiving letter, as your current employers are not ready to releave you. Be truthfull to them as   your current employers may try to influence them, with distorted versions.

Ashish.


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