Better accept them your notice amicably, without any negative remarks, than after you can recover your 2 months salary by approaching Labor commissioner. Make sure you must have offer 2 months notice period in your resignation.
Law against Resignation
Hi, I am working in an IT Company. My performance was not satisfactory for few months and so the Manager and HR discussed with me for PIP. Before they send me any formal email for PIP, I put my resignation from the services, on 1st August 2019. According to the appointment letter, the official notice period is two months and so I though I can be able to serve two months notice and will also look for another job in two months. But, they accepted my resignation and asked me to leave on the same day itself. I requested them to allow me to serve two months notice or to pay me the salary for two months as I don't have any job right now and I have lots of financial obligations. But, they are planning to release me on Wednesday (7th August 2019), without paying those two months salary in lieu of notice period. So, I would like to know whether or not I can complain to the labour law against this?
Asked 6 years ago in Labour
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12 Answers
See the clause in your offer letter and the job agreement has to be seen that in case company is waiving off the notice period they have to pay or not. If there is no such clause then company on acceptance of the resignation can terminate you from Immediate effect.
Thank you very much for your immediate response. Yes. They have already accepted my resignation. In my Appointment letter, these three points are being mentioned: 1. Your employment with the company is subject to termination on 60 days prior notice by either side. 2. The company reserves the right to, at its sole discretion, substitute the notice period by paying you salary in lieu of the notice period. 3. In case of termination/resignation by you, company shall be entitled to release you at any time during the notice period and in such event, you will be entitled to remuneration till the date of your release by the company. Please suggest me whether I can approach to labor Commissioner in such case and also please tell me how to approach to Labor Commissioner. Thanks.
Asked 6 years ago
Your employer can accept your resignation with effect from the date mentioned by you. Notice period is a protection for the party at suffering. Since you are resigning your employer shall be at will to enforce such clause or not. You shall not have any lawful claim for notice period pay.
Clause 2 & 3 are absolutely favoring you. Approach LC.
You can issue a legal notice to the company for the recovery of amount and can give a complaint before the labor commissioner who shall try to mitigate and settle the dispute.
If that fails you need to file a suit to recover the amount.
As per terms of your appointment letter you are bound to give 2 months notice period in event you resign
2) company can pay 2 months salary in lieu of notice period
3) if you have resigned it is at discretion of company to accept your resignation immediately and relieve you and would not have to pay you any salary for notice period
4) you should be paid 2 months salary
You can approach labour commissioner against company refusal to pay you 2 months salary
you can approach the Labour Commissioner and file your appeal against your employer.
Yes you can register no to work till now
Since the employment offer letter conditions authorise them to waive the notice period and to relieve you immediately on tendering the resignation letter, you may not be able to claim two months salary, you may visit the conditions mentioned in the offer letter.
In your resignation letter did you mention anything about the notice period i.e., whether to serve the same or to pay the salary amount in lieu of the notice period as compensation to the company?
If you have not indicated anything about this, then you may not have any strong point to argue about this in court of law, especially if they harp on this point in case of any legal suit that you may propose to file in this regard.
The third clause mentioned in your subsequent post confirms that the employer is empowered to release you anytime during the notice period hence any legal action you may propose to initiate to mitigate yor grievances in this regard may not fetch you any fruitful result.
However you may approach a service law practicing lawyer in the local and discuss with him for any possibility in this connection.
- As per the information mentioned in the present query, makes it clear that you have been terminated without considering the employment agreement at all.
- They can’t do this to you as otherwise they should have paid you the salary in lieu of the second point in the agreement.
- You should approach the civil court of law for the compensation and salary due plus litigation charges as going before the labour commissioner won’t serve the purpose.
- Civil court of law are much more faster and you will have to file suit for breach of contract.
