sunil (cs) 30 March 2009

Resignation of employee

Dear Friends,

Kindly advise on the following matter,

A person has been appointed at middle level with one Ltd. Company with out specifying any notice period to be served at the time fo his resignatoin and leaving the company, there is not mentioning any notice period required to be served before leaving the company in his appointment letter and subsequent correspondence with the company.

Now the company can persue to serve the notice period of 30 days on the basis of its HR policy/manual implemented in the company.

Kindly enlighted your views on the same.

Regards

Sunil

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5 Replies

Swami Sadashiva Brahmendra Sar (Nil) 30 March 2009

the co. may issue 1 month notice but it would be more appropriate to give three months time.

v.k.wasnik (UYT) 30 March 2009

Dear Querier,

Ur querry is not clear on the point whether u intend to resign or company

wants u to step down. Pl.remember the advocate is not a god who can visualise many things. ur querry must therefore be very clear. In any case, u have not stated what years of service u have put in.The service rules if provides for one month notice is equally binding on u as well as the manangement..Thisquerry is answered based on the limited information. For ur full satisfaction, pl.give complete details.U can call me on 98201-45302.

Regards. V.K.WASNIK

H. S. Thukral (Lawyer) 30 March 2009

Terms of the contract are to be followed. If there is no provision for termination of service till superannuation, there can not be termination simpliciter .Services can be terminated in case of misconduct etc, which tentamounts to breach of fundamental condition of contract of service. In the former case the employer shall be liable to pay damages.

Ashey 31 March 2009

depends on various factors

badrinath (Sr.Manager-human resources) 08 April 2009

Mr.sunil,

generally when a new person joins a company he will be given employment based on the terms and conditions of employment. a clause will be there for giving resignations/ terminations.if a person wants to terminate/ resigns or if the employer wants to terminate , the above clause will be applied. in the absence of any appointment order or if there is no clause for termination/ resignations in the terms and conditions of employment, the companys standing order will hold good.so refer the standing order which is legally valid for coming to a decision.