• Resignation

I have informed my firm that i want to resign on last month 24th and sent the resignation email stating that “ i will be resigning from the firm wef 24.03.2019 and please approve my LWD as 30.04.2019 and if my notice period is kot sufficient Im ready to pay basic salary as settlement”. However I haven’t received any confirmation regrading this yet. The job offer i signed during joining is “ have to serve either 60days notice period or notice pay at the time of resignation” . Management is not ready to relive me unless they find a replacement, I just want to know is there any provision in which they can compel me to extend my notice even if i’m ready for a financial settlement.
Asked 5 years ago in Labour

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11 Answers

See if it is on management to waive off notice on payment  then they can ask you serve complete notice period even if you are ready to pay in lieu if no such condition is there send them notice asking resignation acceptance and accept payment in lieu of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No, You cannot be forced to work against your wish and can buy notice period if want immediate release. Highest can be happen that you should server notice period, no more extension permitted without employee consent.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

You cannot be forced to work against your wishes 

 

 

2) complete your notice period and pay salary in lieu of notice period for the shortfall in notice period 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

You can file complaint to labour commissioner and he will issue notice to the employer for the same. You will receive your money and relieving letter. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Your job offer gives you the option to buy out the notice period, either in full or in part. You can't be coerced to serve during the notice period if you are ready to compensate your company.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello, 

  1. The company cannot compel you to continue in employment after the period of notice you proposed to serve, despite the fact that the notice period is 60 days. 
  2. If the alternate option is to pay a month's basic salary, the company should ideally allow you to be relieved. 
  3. Mail a simple reminder to the employer about your LWD. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

if the employee wants to leave the company without want to serve the notice period according to the company policy, the employees can pay their equal salary to the company.
other instance, if the company wants to take out the employee with out serve the notice period, the same equal salary company can pay towards the employee.
on your case, if the company can accept to take the one month salary as Lieu account, you are eligible to skip the one month notice period, but if they can claim that replacement training or handover training should be given, you don't have option to wait or escalate to higher level.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Since there is a job contract both of you are bound by the terms set therein.

2. As there is clause for notice pay, the company can not make you bound to work for the notice period.

3. So there is nothing to get worried on this account and leave the company when you wish to do so. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

1. You are not bound to work beyond the notice period. Once you serve the notice period you can seek relieving letter from the employer.

2. Having discharged your obligation of serving the notice period, the management cannot ask you to serve till it finds a replacement.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send by mail your intention to do so if not sent , they can't forced you to work till the replacement comes so give last date of working according to the notice period or intention to buy back the same and leave to join new organization but if you think that the experience certificate and relieving letter of the company is useful for you then don't take harsh action from your side and tell them by mail that as the new employer is pressing hard so I have completed all the work and will leave on such and such date, later on after joining the new company try to persuade for the document or you may say to the new company that to extend you joining period.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Since you have sent only email in this regard and there is no acknowledgment for this yet, you may send a reminder to know about the status of your resignation letter and may intimate that whether or not you may not b working from 01 May anymore and send this communication by registered post or in person and not be email which may not fetch any positing response.

Dont worry about not getting any acknowledgment for this also, this will be an evidence for you to fight it out legally in future if the situation or circumstances warrants one.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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