you have submitted your resignation on 1st FEBRUARY
2) If there was requirement of raising request in HR portal it should have been communicated to you by management
3) serve your one month notice period .
Resignation from job
I have resigned from my job by sending an email to my project manager, delivery manager, competency manager and my HRBP on Feb 01 2023. My notice period as per my offer letter is 1 month. I joined on October 28th 2022 and due to high workload even during the week offs I have resigned from this job. There is a 6 months probations period from the date of joining and the notice period when resigning in the probationary period is 6 months. After putting down my papers no one from the HR team contacted me to check on the reason for the decision. My delivery manager contacted me and asked the reason and I told him that due to health issues I cannot constantly work long hours. He said we will take care and went about his day. After one month I sent another mail on 8th March 2023 asking when will be my last working day. My project manager and delivery manager tried to convince me to stay back till April 10th, I said I cannot serve any longer than 15th March 2023. For this I got no reply. Today I called one of the HR persons and asked them the status of my last date. She said that I should raise the request in the HR portal, and only from that request the one month period is counted. This was not told to me by no one and now they are informing me this. Should I follow all this process which I was not educated about, or is there any other remedy for this. Please advice.
Asked 1 year ago in Labour
9 Answers
Correction: Notice period when resigning in probationary period is not 6 months it is 1 month.
Asked 1 year ago
no need to raise request in HR portal as it was not communciated to you in writing
Company legally obligated to accept your resignation and provide you with all due benefits within a reasonable period.
Cannot force you to stay beyond notice period without due compensation.
HR portal may be internal policy of company, but not legally binding if not informed at time of joining.
The employment terms and conditions are clearly stated in the employment offer letter.
You were required to tender resignation to your employer through your HOD and HR.
If you have already sent the resignation letter to some authority under who you work then you can send the copy of the same to the HR and state that your notice period began on that date itself and you can also mention the last working day after which you can request the company to issue the relieving letter.
First ascertain your status of employment and also the terms of employment and termination clauses.
You can plan legal action only after exhausting the remedy available before you.
If you have tendered your resignation long ago then there's no necessity for you to continue to work beyond one month notice period, you may refer to your resignation intimation and announce your last working day and stop attending duty from the following day.
You can serve one month and resign they can't compel you to follow illegal notice period like above-mentioned
You have communicated your registration several times is enough send them legal notice
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Hence, if you have already tendered your written resignation then you are bound to either work for one month as mentioned in the offer letter or to pay for the same.
Based on the information provided, it seems that your company has a standard process for handling resignation requests through their HR portal. It is best to follow the process provided by your HR person to avoid any misunderstandings and to ensure that your resignation is processed correctly.
However, if you feel that there has been a lack of communication or clarity on the company's policies and procedures, you may want to address this with your HR representative or a higher-level manager to ensure that the process is transparent and fair for all employees.
If you are still facing issues with the process, you may consider seeking legal advice to understand your rights and options in this situation.
