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anonymous (Software Engineer)     08 February 2012

Company not committing relieving date

Dear experts,

 

The company I am working for has a notice period of 3 months. In my resignation letter, I have requested for it to be reduced to 60 days and have agreed to pay the balance salary. According to the appointment letter, the Company has the sole discretion for relieving me before / at the end of the notice period. So they have rejected my request. But the problem is that the company is not giving a formal confirmation that they will relieve me even at the end of 3 months i.e. the notice period can extend beyond 3 months. So I asked them for a precise relieving date in writing. They are replying verbally by providing a tentative date but refuse to commit anything in writing. 

These are my queries:

1. Is it necessary for the company to give me the relieving date formally or is it implicit due to the appointment letter ?

2. If the company doesn't relieve me at the end of 3 months, what kind of legal action can I take ?

3. Since the company isn't giving anything in writing, can I trust them ? If I decide not to trust them and discontinue my services 1 month before the notice period without their acceptance, what kind of legal action can they take against me?

Thanks



Learning

 3 Replies

yash varshney (Enginer)     09 February 2012

Hi


I have post your problem on another link u can chek-

https://www.citehr.com/389511-company-not-committing-relieving-date.html#post1779716

Kumar Doab (FIN)     10 February 2012

 

The basic understanding is that employee who wants to separate is expected to tender notice of resignation, and mention the date of separation/effective date of resignation. You have expressed another kind of arrangement and control that your employer has set in place i.e employer shall give the date of separation and notice period can be extended.

You may submit another letter under acknowledgment, subsequent to your notice of resignation and mention effective date of resignation in it.

Although it may be happening but it appears difficult to accept.

If employee has mentioned effective date of resignation in notice of resignation and if the employer accepts it before this date it can termed as illegal, and employer can not extend the date of relieving beyond notice of termination. Employer can request employee to stay for ….days, and employee must demand such request in writing and must mention in writing that salary for these extra days shall be to be paid and effective date of resignation shall be last day of extension sought by employer and no new notice of resignation/notice period shall be applicable.

As your employer is not issuing any date of reliving, can't you construe that any date chosen by is not objectionable to the employer.

Last day of notice of resignation can be last day in office. You may submit formal resignation, company property/handover charge under acknowledgment and separate.

Company can at the most claim to recover notice pay.

Do not leave any room for the company to charge you on any count.

 

anonymous (Software Engineer)     10 February 2012

Thanks Kumar. I have decided to serve the notice period and send a legal notice to them if they do not relieve me at the end of the notice period.


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