Dear All, I am working as a Senior Executive (a Junior/Middle-level position in my organization) in one of the engineering companies with the registered office in Mumbai. I have resigned from my job, providing one month's notice instead of the three months stated in my appointment letter. In my resignation letter, I mentioned that I am ready to surrender my leaves and pay the amount to compensate for the shortfall in my notice period due to my early departure. However, my office has denied my early release, citing a clause in my appointment letter, which reads as follows:
"Thereafter your employment will be subject to termination by a three-month notice period on either side. The company, however, reserves the right to pay you three months' salary in lieu of notice."
Please guide me on what actions I can take for early release as my prospective employers can only wait for one month.
From India, Mumbai
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"Thereafter your employment will be subject to termination by a three-month notice period on either side. The company, however, reserves the right to pay you three months' salary in lieu of notice."
Please guide me on what actions I can take for early release as my prospective employers can only wait for one month.
From India, Mumbai
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Understanding Notice Period Obligations
The issue is purely an internal matter, and there is no industrial dispute involved. If you were a worker and the employer was demanding three months' notice, then the situation would have taken a different turn because there is nothing in the Industrial Disputes Act that makes it obligatory for a worker to give notice. However, the employer is bound to give notice or payment in lieu of notice if they want to terminate a worker. Also, any term incorporated in the appointment order that overrides the Industrial Disputes Act will be void.
In your case, however, the terms of the appointment order will prevail. As such, it is advisable to have an amicable resolution with the intervention of some known persons like the Labour Commissioner informally. That will definitely work.
Regards,
Madhu.T.K
From India, Kannur
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4526The issue is purely an internal matter, and there is no industrial dispute involved. If you were a worker and the employer was demanding three months' notice, then the situation would have taken a different turn because there is nothing in the Industrial Disputes Act that makes it obligatory for a worker to give notice. However, the employer is bound to give notice or payment in lieu of notice if they want to terminate a worker. Also, any term incorporated in the appointment order that overrides the Industrial Disputes Act will be void.
In your case, however, the terms of the appointment order will prevail. As such, it is advisable to have an amicable resolution with the intervention of some known persons like the Labour Commissioner informally. That will definitely work.
Regards,
Madhu.T.K
From India, Kannur
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Dear Sir, Thanks for your reply. I have communicated my concerns about early relieving to my immediate boss and the HR of the company via email and in the resignation letter. There have been instances when many executives were relieved before three months. If I give only one month's notice and surrender all assets (like a laptop) to my company before leaving, what legal implications could I face from my company? Please guide me in this matter.
Thanks & Regards,
Vivek Tiwari
From India, Mumbai
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Thanks & Regards,
Vivek Tiwari
From India, Mumbai
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There will not be any legal complications as the right to work and the right to make decisions about whom or where to work are fundamental rights of the individual, and the employer cannot object to it. However, the right to issue a good service certificate, being the authority of the employer, can harm you a lot. That is why I advise you to settle and leave with a good record.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Withdrawl of Resignation and Notice period.doc
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