Consequences of leaving organisation
I had resigned from organisation and have asked for settlement of it by serving 1 month notice period and paying off rest.They have 90 day notice period.
My manager is not not accepting resignation. My previous month salary is also withheld and they have a condition on acceptance of resignation by manager and then only salary can come by 20th of next month.
Manager asking to serve all 90 days and not accepting wages in lieof. citing business requirements. HR says first tell manager to accept .
What will be the consequences if i leave the organisation ? Can they withheld my two months salary and deny proper exit.I am in financial crisis because of non payment of previous month salary.They are treating like a slave and not ready for any negotiations.
What will happen if i leave after one month of notice period from my side as communicated to them requesting financial wages in luiof for rest including my paid leaves..Do i have scope of getting my salary of previous month ? My contract with them is as below:
Notice Period for Termination
11.1. Unless otherwise agreed between the Parties under this Agreement or otherwise, either Party has the option of terminating the Agreement by giving the other Party a written notice at any point in time, as applicable:
11.1.1. Either Party has the option of terminating the Agreement by giving the other party a notice
11.2. Notwithstanding clause 11.1, if the Parties have mutually agreed upon any other notice period, then the Employee shall serve such stipulated notice period which may be lesser or more than what is stated in clause 11.1. of ninety (90) days in writing or wages in lieu thereof
11.3. Notwithstanding anything to the contrary, Company reserves the right, not to accept payment in lieu of the notice and/or paid leave and at its sole discretion enforce the notice period, if it is in the interest of the business and current assignment being managed by the Employee. During notice period, the employee will not avail his/her paid leave.
11.4. Once the Employee tenders his/her resignation and is serving the notice period per clause 11.1.1,he /she would be expected to ensure that the quality of work and client relation does not suffer.The Employee is also expected to extend full co-operation to ensure smooth transition. Any non-compliance with this shall be treated as material breach on the part of the Employee for which the Company may take strict disciplinary action against the Employee including termination.
11.5. Notwithstanding clause 11.1, company reserves the right to terminate the employment summarily without any notice period or payment in lieu thereof, if it is established on record that the Employee is guilty of misconduct, or has committed any fundamental breach of Agreement, breach of trust, loss of confidence, moral turpitude or causing any loss (either monetary or reputational) to company
11.6. Notwithstanding clause 11.1, company may terminate this Agreement with immediate effect in case the Employee is found to be convicted by a court of law.
11.7. Notwithstanding clause 11.1, company reserves the right of terminating this Agreement by giving ninety (90) days notice in writing or wages in lieu thereof if the Employee is disabled or
incapacitated for a period of 90 days, whether or not consecutive, in any 180-day period
11.8. Company must give actual notice to Employee of termination for cause but may deliver said notice by any manner, either verbally or in writing.