Manish Aggarwal (Chief Manager Accounts) 12 September 2010

Acceptance of Resignation / Relieving letter

Dear friends,

I am working in a US based MNC & has been working there from last 3 years. At the time of appointment , our notice period was one month. In July '10 we have been forced to sign 3 months notice period. Now I have resigned from my organization with 20 days notice period. They are not accepting my resignation & are asking me to serve complete 3 months. What are the legal options available to me. I would like to know whether company can force me to stay for 3 months and on what issue they will not accept my resignations. Pls guide me.

Thanks & Regards,

Manish

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3 Replies

V. VASUDEVAN (LEGAL COUNSEL) 12 September 2010

The 3 months notice letter you had signed will have the terms of notice. No agreement can compel a person to work against his will and at the best the agreement may have notice pay in lieu of the requisite notice period and any other costs to be paid by the employee. Please verify the terms and for specific clarification, reproduce the precise terms of the contract.

vasudevan

Manish Aggarwal (Chief Manager Accounts) 12 September 2010

Thanks Mr Vasudevan,

The agreement is 3 months gross pay in lieu of notice. Pls also help me to know , what are the steps I can take , if they don't accept my resignation. I have already mailed my resignation to my boss, stating to accept my resignation with immediate effect & release me by the end of this month.

Thanks & Regards,
Manish

V. VASUDEVAN (LEGAL COUNSEL) 12 September 2010

Well. Ensure that the print out of the email and/or a written letter of resignation, setting our the reasons for urgency (brief) , accepting to pay the notice period salary (only the fixed remuneration ), after adjusting the leave standing to your credit. Before reckoning the notice period in lieu of pay, leave entitlement has to be adjusted) and ensure that this letter is given to the HR head and the CEO with due acknowledgement.