Anurag 10 July 2015

Resignation with short notice period

Dear Forum Members,

I am working as a confirmed employee in a Limited company from past 3 years. Recently i have got the new job offer from a Multi National Company but they are asking me to join in 15 days. Therefore i have resigned from my existing company via official email as mentioned below:

firstly i have sent below mail to my manager:

Dear Sir,

I hereby tender my resignation from the services of the Organization with effect from 07th July’15.
I would like to take this opportunity to thank you and all the other members of the team for all the support and co-operation extended to me during my tenure.
It was real tough decision for me to leave the organization. Secondly the pleasure to have a superior like you was having a true guardian to train in the field of organization & human values.

You are requested to clear all my dues & expenses at the earliest and relieve me on or before 20th July’15.

Looking forward to be associated in future.
Thanks

Against the above mail my manager reply adding my CFO and HR Head

Dear

Can be released only after serving minimum 30 days notice.

Thanks

Against the above mail i have replied to all

Dear Sir,

Request you to relieve me on or before 20th July’15 and post 20th Jul’15 adjust my PL against notice period.

For this I shall remain highly obliged and grateful.

Thanks

Against the above mail my manager replied to all

Dear

As discussed and communicated we will not be able to release before 05th Aug.

No more mails on this please.

Regards

Now please suggest me what to do as my manager is not picking up my phone and not replying on my massages.

As per my appointment letter under cluse of separation: The Management may terminate your services by giving one month (Thirty days) written notice or Basic Salary in lieu thereof without any reason. Similarly you may resign from the services of the company by giving one month notice in writing. If you fail to serve the notice period it will be adjusted by paying Basic Salary in lieu thereof. However the management may at its sole discretion, waive of the notice period.

Please help me knowing the legal aspect of the matter.

Reply Follow

2 Replies

Kumar Doab (FIN) 10 July 2015

1. The extract of the appointment letter posted by you is self explanatory and provides for notice pay in lieu of notice period @ Basic Pay to both employer and employee. Employer can not breach the T&C of the appointment letter drafted by employer and signed with employee.

The question arises on the strength of which power/reason/clause/agreement these personnel that have sent the email has declined to accept notice pay in lieu of notice period? Have you asked these persons to elaborate by quoting clause number?

Have you quoted the clause no………………..in appointment letter dated…………….issued to you in notice of resignation/resignation?

Who are these persons that have sent these emails posted by you?

Are they one of the appointing authority/MD/Chairman or anyone above the appointing authority OR any other person authorized by the Board by board resolution?

Have you submitted notice of resignation? If yes have you mentioned notice period tendered by you or expiry of notice period or LWD? Or did you just submit a document titled resignation and requested to relieve on dated………….? It matters how do you draft the notice of resignation/resignation?

You may demand to supply you by Redg. Post acceptance of resignation, last salary slip, FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, I.Card, salary slip of all months (especially last month) etc………………

There is no need to mention to adjust notice pay against PL (until or unless appointment letter provides for it) as FnF statement has to compute everything.

2. You have resigned by email or letter addressed to appointing authority /MD/Chairman etc thru Redg. Post or have posted in some software resignation tool?

3. Is it stated in appointment letter that HR policy/Service Rules and Regulations shall govern the service conditions? If yes HR policy/Service Rules and Regulations was provided before, along with or after appointment letter? Do you have the copy?

4. Any change in service conditions has to be informed in advance for acceptance!

5. You are committing a mistake as it seems you have not negotiated properly with next employer! Did you mention in job application, interview, subsequently in employment application/forms ………………..the notice period with current employer/time required to join as 30 days? If NO you should have! Let the prospective employer state that it wants you to join within 15 days in writing. You should inform and obtain …………… in writing……………..that it shall buy your notice period and pay it immediately upon joining without any preconditions………………and shall absorb you on the strength of copy of notice/resignation, proof of its dispatch ONLY and that your current employer is unwilling to relieve you before service of full notice period and may not supply you acceptance of resignation, last salary slip, FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, I.Card, salary slip of all months (especially last month) etc………………….and you can not supply these until these are supplied to you (as these are not to be prepared by you)……………………………and obtain a commitment that it shall not terminate you for the want of these documents.

6. If prospective employer agrees to buy your notice period then current employer should issue FnF statement showing the adjustment of notice pay and Form16 as per correct FnF statement or you may be subjected to double taxation.

7. Download record of NO tasks as pending at your end, no loss caused by you, all appreciations till last working day, awards, rewards, incentives and any other relevant record, as your access may be blocked any time.

Don't act in haste.Remain amiable and gentle.

Defend your interest.

You may find other threads relevant e.g:

https://www.lawyersclubindia.com/forum/Dual-employment-fix-please-advice-123266.asp#.VZ1SILV-jMo

https://www.lawyersclubindia.com/forum/Releving-letter-correction-123585.asp#.VZ_qBLV-jMo

Saurabh Pathak 21 December 2021

If an employee fails to give notice, the Company has the right to withhold Payment due to the employee up to a maximum
amount equaling the employee's fixed pay for the period of notice. The management reserves the right to waive the notice period in
case of resignation depending on the merit of the individual case or may insist for a notice period in lieu of salary as the case may
be. However, no compensation is payable to you if termination / resignation made due to unsatisfactory work or conduct

I have already submitted my resignation in the portal but since the notice period is 90 days and i cannot serve more then 30 Days..kindly suggest