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Munish ...... (self)     03 April 2011

Employer Not ready to relieve

I joined a mnc a few months ago.

As per company policy there is notice period of 6 months.

Now I have resigned due to personal issue. I have submitted resignation copy to local HR representative and he has put recieved sign on it.

The appointment letter says " There shall be no notice period during probation period" signed by Managing director of company.

My boss refused to accept the same and told that he want me to serve a notice period of 1 month and will not accept my resignation before that. Can he refuse to accept.

This is strange situation since I cannot enter company after the day I resigned.

No legal case or misconduct action is pending on the day of resignation.



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     04 April 2011

During probation period, the notice period applicable will be as per the contract that is letter of appointment. If the letter of appointment specifies no notice period, then the HR Manager has no right to insist on notice period. You have submitted a written resignation and the fact that it is in accordance with the contract would suffice. There is no need for the HR Manager to accept it and in fact he has no right. Alll that the HR Manager can do when some body submits a resignation is letter is to forward the same to the appointing authority - in your caase the Managing Director with any remarks. 

vasudevan

Kumar Doab (FIN)     04 April 2011

Learned Mr. Vasudean has given valuable advice.

It is believed that you wer still under probation, and hence you have tendered your resignation as per terms of  appointment letter signed by your appointing authority-the MD.

Local HR manager has issued the reeipt.

Your reporting authority has stated ( verbally it is beleived):

-that he shall not accept the resignation.He is not the authority to do so.

-he wants you to serve one month notice.He is not the authority to do so.

He has probably stated so due to deadlines he is facing, e.g. unfinished tasks, attrition and loss of head countin his team, and he may be looking at one month time to find replacement and get the tasks compeleted thru you.

You may have a haert to heart discussion and explain your exigencies for your decision and offer help to find replacement ( if you can) and to coach other personnel to complete the tasks.

You may submit company property ,  if anylying with you and ID, visiting cards etc and obtain receipt of the same.

You should maintainthe rapport you have built. World is small. Both of you may come across in your next ventures.

You can write to your MD , about your resignation as per the clause of your appointment letter ,mentioned by you,and enclose the copy of your receipted resignation, and receipt of company property submitted by you,and ask for an acceptance of the same and to pay your wages, and supply you F&F,form 16,PF accumulation report,work experience cetificate,NOC,NDC,relieving letter etc.


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