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Karthikeyan@maverick
Hi,

I am currently working in leading Indian group, I joined there 10 months before but recently I got a better opportunity so I decided to move. My notice period is 90 days.

In my offer letter it was mentioned like:

"'not withstanding anything contained herein, the company in its sole discretion, may terminate your employment without cause by giving three month notice period in writing or payment of pro rata three month basic salary, in lieu thereof. Likewise you may resign from employment without cause by giving three months notice in writing or by payment of pro rata three month basic salary in lieu thereof. In the event of your resignation, the company in its sole discretion will have an option to accept the same and relive you prior to the completion of stipulated notice period of 3 months without any pay in lieu of the notice period.""

When my submitted my resignation letter today, my manager is telling me that he will accept the resignation. But I am ready serve the 2 months of the notice period and willing to pay for the remaining days. So I have mailed my resignation letter scanned Copy to the HR and My manger with clearly mentioning the relieving date.

Kindly clarify Can he choose not to accept the resignation. As per policy can I pay the notice period amount and leave.

From India, Mumbai
balaji.venkatesan
10

hi they gave only option and its not mandatory. hence you may pay 2 months notice pay to the company and get relieve smoothly.
From India
Karthikeyan@maverick
Hello Sir,
What if they are not accepting the resignation. In that case what I have to do.? I talked with my HR she said you submit resignation and proceed further but today my manager saying he will not accept the resignation. they are telling that its difficult to get person for this field.
In my resignation letter I have clearly mentioned my required relieving date. I am ready to pay the remaining notice period also.
What I have to do now. can I work till the requested relieving date and leave the organization. Because I am ready to pay the notice period.

From India, Mumbai
tajsateesh
1637

Hello Karthikeyan,
Based on what's mentioned in the Offer Letter, these words are critical ".....the company in its sole discretion....".
So you don't have a choice to pay or not to pay to get relieved earlier. The Company has to agree to it. And if the Company doesn't agree, this will NOT be an option anymore. So don't harp on it.
Vis-a-vis "....its difficult to get person for this field", YOU would be knowing the situation in your field better. In case you think this isn't true, you will need to confront him with logic why it is not very difficult. In case you also think it is difficult, NO ONE can stop you from leaving after completing the Notice Period. So you will need to factor-in the 3 months before you join the other Company......pl inform them accordingly that you MAY be bale to join after 3 months [be sure to add some days or a week buffer between your Relieving Date & Joining Date, to be on the safeside].
All the Best.
Rgds,
TS

From India, Hyderabad
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