***Friendy*** (Engineer) 08 February 2010

Termination of employement

Hi All,

I work in an IT MNC and would like to terminate the employment without giving 2 months notice. But, I've agreed to pay 2 month's basic in lieu of this. However, my HR said it's not possible for me to terminate the employement. Please see excerpt from the document given by the company. Please advice how can I proceed to get the relieving letter. HR tried to prove her point by saying that I go technically ( legally) my case will be weak. Please advice how to proceed. Shall I contact police or lawyer?

" Company may at anytime terminate your employement by giving you two month's notice in writing or by paying two month's basic salary in lieu of notice. You may also terminate this agreement by giving two month's notice in writing or by paying two month's basic salary in lieu of notice.In this agreement, the word "termination" includes voluntary or involuntary separation. Your employement may be terminated by the company without notice or payment in lieu thereof if you commit any serious or persistent breach or non-observance of the terms, conditions or stipulations contained in this agreement, or are guilty of any serious negligence or gross misconduct in connection with or affecting the business or affairs of the company so serious in nature that the terminationd party couldn't reasonably be expected to continue the agreement for any period of time."

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9 Replies

R.R. KRISHNAA (Legal Manager) 08 February 2010

The following term is sufficient to give 2 months notice to leave the company.

"You may also terminate this agreement by giving two month's notice in writing or by paying two month's basic salary in lieu of notice."

Just send a resignation letter with 2 months notice or 2 months salary. It is sufficient. There is nothing too techinical or problematic for you. You are fully entitled to resign with 2 months notice or 2 months salary.

Daksh (Student) 09 February 2010

Hi Friendy,

Your problem is not much related to Legal than that of HR. You have not mentioned because of what reason your employer is not relieving you or HR for the hack of it is trying to play armtwisting exercise with you. Go and sit across with HR and try to put across your view point that due to ------------- reasons you won't be any sort of value addition to the organization and as you have once decided to resign then at the most HR can only spoil two precious months without much productivity from you. It's a matter of wit, will power and time - do your home work and decide what suits you best.

Best Regards

Daksh

Amardeep Srivastava (Senior Law Officer) 09 February 2010

Please relook into your appointment letter. Besides what has been quoted above there could be another clause stating that acceptance of salary in lieu of the notice period would be at the discretion of the management. Even in this case they can atmost ask you to serve the notice period and nothing else. If such a clause is not there then you can simply pay the amount in lieu of notice period, get it acknowledged and walk away.

***Friendy*** (Engineer) 09 February 2010

Thanks you all for your replies.

Actually, I got an offer from a public sector company and was asked to join within 15 days. I resigned a week before this joining date and requested the HR, Manager, Delivery manager to release me by taking 2 months basic salary. But, they didn't agree to that. They said I should complete the Knowledge tranfer to a new person who they'll hire. But that doesn't seem to work as I've just three days left.

As a final step, I've fixed an appointment with the HR Director today to explain my problem. Kindly advice me how do I convince him if he takes the same stand of my manger? Shall I inform him that I'll proceed legally ? How do I proceed plz. advice.

Shall I send him an email about terimation of contrat from my side? or send letter by post. Also, as per the policies of the company, I can't leave without prior approval for three days continously.

***Friendy*** (Engineer) 09 February 2010

Just to correct the last line in my earlier post. "Also, as per the policies of the company, I can't take leave without prior approval for three days continously."

Please advice how do I walk out of the employment?

Should I send termination of contract from my side through e-mail or do I need to do it through post?

Rajiv Ranjan Shrivastava (Manager) 11 February 2010

Hi,

I want to know regarding claim from employees. If a company is going to be close and the company is giving one month notice alongwith termination letter to the employees. In this case as an Accounts Manager what should I do? Regarding Wages payment.