Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Shah01ankita
Talent Acquisition / Consultant - Catalis
Harsh Shukla
Ceo And Md Of 3 Uk Based Mnc's
Lalatendukanungo
Human Resources
+3 Others

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Hello seniors,

Please spare some minutes in guiding me, it can be critically important for my career.

I am working with an MNC for last 7 months. Now I have received a very good opportunity and want to switch the company. I sent the resignation by mail. However, the company HR says that I have to stay there for the notice period of 3 months. I have tried a lot but he is not getting convinced.

I am ready to pay the salary in lieu of notice period. I have also sent a mail saying this to the manager (To keep an official proof). However, they are saying that I will have to serve for 3 months and I cannot pay for the notice period.

In my offer letter it is stated word-to-word that [B']the contract can be terminated by either party by giving three month's written notice on either side or salary in lieu thereof.[/B]

My plan:

1. I will send the company another e-mail (apart from the earlier 2) stating that in line of the previous mails, I have resigned and my last date will be so and so.

2. In the same mail, I will ask for the amount of salary I will have to pay in lieu of serving the notice period.

3. If the company replies (less chances), I will pay that amount by DD (to keep proof) and send them.

If the company doesnt reply (high chances), I will calculate the amount to be paid by myself and will still send them the DD, with the mail that 'please calculate the exact amount and accept the DD.'

4. In the new company that I am joining, I will present the printout of all these documents as a proof that I have left the previous company.

I think I am not violating any rules here..

My queries are-

1. Should I make any changes in what I have planned?

2. Can the company harass me or take any legal action that can be a problem to me in the future?

Thank you

From United Kingdom
Hi Vidhan1988,
Your plan is sound.
I would only add that you also send a photocopy of your offer letter highlighting the relevant lines.
Also you should send a hard copy by registered post.
Whilst, the company has no grounds for legal action, they can make life difficult for you, for example by not issuing relieving letter or giving a good (if any) reference.
Therefore, it is imperative that you keep all printouts and / or correspondence as proof.
Incidentally, should the company attempt to take legal action, bear in mind that you should counter any action by claiming (in the courts) "frivolous action by the company". The courts do not take lightly any attempt to waste the courts valuable time and resource.
I hope the above is useful.
Warm Regards,
Harsh

From United Kingdom, Barrow
Thank you Harsh Sir,
It has indeed helped me. However, I would like to mention that I am not from the UK, as has been shown on my profile. I am from Pune and I do not know why the profile settings show my location as UK.
As you have mentioned about the relieving letter, I actually do not need to submit the relieving letter as per the best of my knowledge. In fact, even if I do not receive the experience letter from the company, I am willing to let that go, too. However, I am worried if they take any legal action, as you have mentioned; though the offer letter clearly states that I can pay salary in lieu.
Thank you very much for your help and regards

From United Kingdom
Hi Vidhan,
It does not matter where you are. Good HR practice is Good HR practice, anywhere in the world.
Sites such as this help to spread the Good practice and we learn from each other for everyone's' betterment.
Regards,
Harsh

From United Kingdom, Barrow
Hi Vidhaan,
Would suggest you following minor changes if it suits you,
1) Instead of a DD give a cheque. It is always better than DD which is just as good as cash.
2) Do not forget to cross the cheque as Accounts Payees Only and don't give a bearer cheque that anyone can encash over the counter.
3) In addition of resending email, send your resignation via register with the acknowledgement slip to have better proofs in your favour if things go bad.
4) Chances of they going for any legal action seems low because of their practice of 3 month's notice and not abiding by their own terms and not ready to discuss early relieving. However may I ask what tenure are you suggesting to serve?
5) Include in your resignation the following line -
"As per the clause no. ____ in the issued appointment letter which states - the contract can be terminated by either party by giving three month's written notice on either side or salary in lieu thereof - I would like to resign and be relieved by {Last working date]. I will be serving my notice period of ____ days and would pay the salary in lieu of it for the balance notice as per the option in the appointment letter issued.
In addition to this would like to ask -
1) Did you mention the reason for resignation on your letter? If so, what.
2) Did your HR or supervisor tell you the reason for why they are not accepting the notice buy out option when they have clearly mentioned it in appointment letter?
All the best.

From India, Mumbai
Thank you Ankita mam,

1. Yes, if it is so, I will send the cheque. My purpose of thinking to send the DD was to keep a proof that I have issued a DD. I thought that in case if they do not do the transaction of the cheque, I cannot have any proof.

3. Yes, I will send the resignation via register too, however, I cannot understand what is an acknowledgement slip. It is the slip that I will receive when they accept the post, right?

4. In my resignation mail, I wished to serve the notice period of 10 days and to pay the remaining as salary. However, after a lot of discussions, I have stretched maximum and now I am planning to serve for 18 days in total, including the day when I resigned.

The reason I mentioned in the e-mail was 'for career prospects'.

I was told that they need someone to fill my place, so they wanted me to stay. However, I have virtually no work to do and I sit in the office whole day, this problem has been common with everyone who leaves the Pune office.

One more query:

As I said, in the resignation mail that i have sent, I have expressed my last date being after 10 days. Now, if I serve for a week more, when should I send the updated date? (I have verbally informed them, though they have not agreed.) Can I send it just 1 day before I leave? Because, if I send that right now, there will again be heated discussions everyday and I am fed up of it.

Thank you again for the interest you have taken and regards.

From United Kingdom
Hello Vidhan1988,
Like Harsh & Ankita Shah mentioned, it does SEEM to be a nicely laid-out plan.
Also, you mentioned that "I actually do not need to submit the relieving letter as per the best of my knowledge"--is this your ASSUMPTION or have you checked it out with the new company? Better check it out thru e-mails [NOT verbal]--such decisions shouldn't be based on assumptions.
Reg your being 'fed-up' with the issue being discussed daily, I guess you need to be prepared for such a scenario--part of the game :-)
Reg your query about 'acknowledgement slip', what Ankita meant was to send it thru Registered Post--Ack Due. Your Letter will be attached to another card which the addressee is supposed to sign & this comes back to your address--legally this is the ONLY acceptable proof of sending any document. Just ask in the Post Office--they will guide you.
All the Best.
Rgds,
TS

From India, Hyderabad
Hi Vidhan

The reason I said do not make DD is because once you made a DD i guess the transaction is irrevokable.

You can always keep a photocopy of the cheque and when you go for your F&F you can get a signature as a proof that the cheque has been recieved by them.

If or not to deposit it is their personal concern, we do not have to bother it. We did our part by paying the dues.

I believe you would be satisfied by TS's answer. He explained it very aptly.

Please update this scene in your resignation letter. You can modify it as follows -

This is in reference to the resignation I submitted on [Resigned Date].

As mentioned earlier, due to career prospects, I would like to terminate my employment and would be obliged if you can relieve me on a shorter notice.

As mentioned in the clause no. ___ of the appointment letter issued to me, the termination policy states "copy paste the exact words" and would like to take the notice buy out option for same.

In my previous letter dated as above, I mentioned my last working date as [Date 1]. However with the discussions we have had in this time, and with mutual consent, I extend my last working date to [Date 2].

I believe that you would relieve me on [Date 2] with relieving and experience letter to my credit.

Thanking you for all support.

Trust I solved your this query above.

All the best.

From India, Mumbai
Hello TS,
Actually I am placed with a semi-government company in IT wing. They have sent the list of documents to be given, and there is no mention of any document from the previous employer. (However, current govt employees are required to submit the relieving letter.) Thus, I believe I will not need any relieving letter. Does this sound risky? I was thinking of asking them in phone or by e-mail, but I guess they will say 'yes' if I ask and they will not ask for it, if I don't submit.
Hello Ankita mam,
Thank you very much!! Now I have the format also!!
I really appreciate the help you seniors are providing. Even if I had some vague answers in back of my mind, it helps a lot to hear the opinion from the seniors!!

From United Kingdom
Hello Vidhan1988,
I get your point reg the List of Docs.
But what if they ask you when you land there for Joining?
However, you do have a point reg asking them now & reminding them to add the Relieving Letter too in the List.
Suggest check out CASUALLY with any employee in that company EXCEPT the HR guys--you should get accurate inputs to make your decision.
All the Best.
Rgds,
TS

From India, Hyderabad

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