• Notice period

Its written in my appointment letter, you may leave the services of the company at any time by giving 60 Day's prior notice in writing or 3 month's salary in the lieu thereof subject to completion of your pending project tasks. Your 3 month's salary can be substituted with the notice period of 60 days, subject to completion of your pending tasks after the same is approved by management.
But I have got an offer and I have resigned from my current company stating, my last day of employment will be after 30 days,
and I am ready to pay for the notice period not served (forgot to mention in resignation letter), though verbally informed to HR, can anyone force me to serve the full notice period and not give my relieving documents. And yet I have not got an official reply on my resignation. Can anyone reject my resignation or are they or they not bound to reply to my resignation within the time I have given them the notice. What's the maximum time that a person can take to accept my resignation? Can someone intentionally force me to serve the full notice period, even though there is no dependency on me, and they should relieve me?
Asked 4 years ago in Labour

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9 Answers

Yes, they can ask you to serve as there is no modification of condition permissible as you cannot leave on one month notice and pay for rest of the period the condition specifically says that either 60 days or 3 months salary on approval of management.

They may reject the resignation and can ask you to give full 3 month notice or the salary though they have to reply in time.

There is no such specified time to accept the resignation though the time should be reasonable that is treated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Have you served the notice period, even if it is 30 days, then you may have to pay the compensation to the company for the balance period of notice.

Actually you should get the reply to your resignation letter within a week's time, but abstaining from the job just because you hav sent the resignation letter will not be considered as a legally valid reason.

The company may even terminate your services if you are absenting yourself anticipating the approval of your resignation.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You are in an agitated mood hence you are lending your ears for the misinformed advises on the subject.

One cannot take law into his hand.

In your situation nothing prevented you from paying compensation as per the employment offer letter conditions.

Have you at least indicted that you are ready and willing to pay the compensation for the balance of the notice period?

You may look for peaceful exit from the company instead of creating a legal hassle for you in this regard.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The acceptance of resignation is subject to completion of pending tasks

2) you have to serve 60 days notice period or give salary in lieu thereof of 90 days

3) management can accept your resignation but direct you to serve full notice period on account of pending tasks

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Due you know that there are some prerogatives rights of employer also, in your matter after submitting resignation why you are so much worried and confused, it is advised please keep calm if you have resigned and wants to or do not wants to serve notice period go as per clause given in appointment letter,no one can stop your relieving letter. We must keep in mind that we should leave a company in a cordial manner if it is not so then it may ruin our future.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Sir I think you are misguided and furthermore you have lost audacity to respect the genuine advice you want to hear something in your favour if that work or not that is immaterial.

My opinion on this is that the employer has some rights in course of employment he provide further these can be governed by law of land and the agreement and terms of offer letter. The employer cannot force you to serve notice period but he can withheld reliving letter and ask for compensation of complete period as he suffer lossess when you leave the job there is no.condition of part payment of notice period. Either if managment accepts 90 salary if not 60.days notice period.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes, the final call has to be taken by the company as to whether of not you've to serve the complete notice period because this discretion has been left with the company as is apparent from a perusal of your employment agreement.

Having said the above, i believe that they should still accept your offer for early relieving.

Drop them a reminder mail and press for early relieving on account of the urgency you are facing.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. If you resign in accordance with the terms of the contract the employer is bound to accept your resignation and relieve you with full and final settlement.

2. Of course the employee cannot be forced to serve the notice period. If you so choose you may pay the salary of 90 days instead of serving the notice period of 60 days. Notice period incorporated in the contract is sacrosanct.

3. There is nothing such as 'assumed acceptance of resignation'

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

You are right and you are suggested to give formal resignation letter to HR.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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