Hello Everyone,

May I request you for some advice?

I am working for an international consultancy company.

I have put up my resignation due to a medical emergency in the family which is forcing me to relocate to my hometown and am currently serving the notice period.

I put the resignation thru email after discussing with the reporting managers (I have an operational head and an administrative head). The administrative head was quite aggressive and started getting personal during the discussions.

1. I am yet to receive an acknowledgement / acceptance for the resignation letter from my reporting managers or the HR.

2. I have requested for a waiver of my notice period ( 3 months). I also offered to pay for 1.5 months in lieu for the notice and that remaining 1.5 months shall utilized for handing over and exit formalities. I have not received any response for these points

3. I am also being loaded with work as if I have not resigned and have also been asked to attend meeting with Clients. I politely declined to do this. However, have been threatened by dire consequences including termination and legal action.

4. May I also understand what constitutes payment in lieu of notice. Is it the gross salary or basic + DA + HRA?

May I request you for some advice to tackle the situation.

Thank you

Best Regards

Prakash

From India, Mumbai
Ryan
89

Hi Prakash,

To answer your question about what constitutes payment in lieu of notice, please check your appointment letter for the exact wording of your clause. Also, if your organization has a policy in place, please check that too. Also, you can speak to your finance and accounts guys to understand how they go about this calculation.

Secondly - please keep a hard copy printout of your resignation for your personal records. It will be legal proof that you have put in your resignation.

Waiver of notice period is a request of an employee. It is not mandatory for the employer to agree to the request, irrespective of past precedent. So you would have to assume that it is not approved, till you are informed in writing.

With reference to meeting clients, please inform your seniors that the client will likely be upset once they realize that you are leaving the organization shortly which may cause the contract to be cancelled, and you are doing this for the good name of the organization. Again, read your appointment letter and company code of conduct to understand the nature of legal action which they may take. Please consult a lawyer for more information.

Regards

Ryan

From India, Mumbai
Thank you Ryan.
I understand that waiver of notice period is a request from me. However, is it not possible for me to put forward a letter stating that I wish to serve only 1 month of the 3 months and the remaining period can be paid for in lieu of the notice?
Kind Regards,
Prakash

From India, Mumbai
Ryan
89

Yes - you can put forward such a request. There is no problem with that.
From India, Mumbai
The general rule is If you resign, HR or the manager has to accept the resignation on any day within the notice period. It can even be on last day of notice period.
And frankly speaking there is nothing like accepting the resignation. If you resign, no one can stop you from leaving.
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From India, Mumbai
Hi,

You have been correctly advised by Ryan to check from your appointment letter as to what constitutes "pay". Normally it is basic plus DA. However, you should verify this. You should also retain the hard copy of the resignation letter for future use.

In such matters it is very necessary to make your intentions loud and clear to the organization. You have a right to terminate the contract by resigning from service The employer can at the most, compel you to pay the notice pay. You can put in actual attendance for the period you are willing, and the rest can be adjusted against payment you should make. The employer must know the date from which you will stop attending your work and you should stick to your written communication.

Please refrain from accepting any new responsibility and be quite firm on your stand. If the employer threatens you with legal action you will have to be prepared to defend your case. As stated above, you have a right to terminate your contract and any precipitated action by the employer can be well defended. Do consult a competent lawyer.

Cyril

From India, Nagpur
Iam signed a 2 year bond in 100 rupee stamp paper witha construction company.but now i want to leave the company.the contents in the bond are "YOU ARE POSTED AS A TRAINEE ENGINEER.YOU HAVE TO PROVIDE A BOND OF 2 YEAR COMPULSARY SERVCE BEFORE WHICH YOU CANNOT LEAVE THE SERVICE.Is it liable against me?please help me
From India, Pune
Thank you Cyril.

I am not really happy the way my appointment letter was formulated. My appointment letter was given to me after a month of joining the organization as against, on the day of joining and after relocating to my current city with my family and house. They had added couple of additional clauses in the appointment letter which were not acceptable to me. While I objected to these additions, I was told to "shut up and sign" since I did not have a choice. I was a bit apprehensive to quit immediately because I had relocated, taken up a house, admission for my kid etc.

Another reason was the fact the way they treated couple of other employees who resigned almost the same time that I joined. None of them had a easy exit. They were made to run circles and had tough exit. It is a known fact that employees leaving this organization are ill treated.

Following were the additional clauses that were included against my will which was never discussed with me:-

1. You shall not for a period of 3 months after leaving the company join any direct or indirect competitor in any capacity including as an employee, consultant, agent or otherwise

2. You shall not engage with any direct or indirect client for a period of 6 months after leaving the company.

I believe that these clauses are quite unreasonable since this actually affects my profession and livelihood. I am not sure of the ramifications of this clause because, I will have to join somewhere for work.

I went thru my appointment letter in detail and have the following observations.

1. There is no definition for "pay". I believe that I will need to get this clarified by the finance dept / HR.

2. The person who signed my appointment letter was the head HR and is no longer part of the organization. I am not sure if the person was actually the authorized signatory because he was not allowed to sign on other company related matters or contracts.

If things go out of control, I will need to consult a lawyer. However, I am contemplating on drafting another letter highlighting the key points such as relieving date, payment for buying out the notice period and request to limit my duties to routine assignments which can be completed on day to day basis and limited or no client interaction. I hope this should suffice.

Please do let me know if you have any suggestions or advice.

Thank You

Kind Regards,

Prakash


From India, Mumbai
Hi Prakash,

It appears you had to sign on the dotted lines... Do not worry, just remain firm on your decision and quit on the day your notice expires. You may send a crossed cheque for the amount to cover the period of remaining notice period. Hold on to the hard copy of your resignation with the date on it. Your employer may try to deliberately implicate you on one pretext or the other. However, you could safely defend these on the plea that it is a deliberate attempt to harass you. Remember you are not a bonded labour and are free to move out. Likewise the employer is also free to terminate you if he is not satisfied with your performance.

Please avoid giving too many things in writing, as you may make a slip. Your notice pay should comprise of Basic plus DA. However, consult the HR department for any clarification.

There are many employers who get jittery when the employees wantsto leave them and try out different means to stop them, till it suits them.

Remain focused, do not enter in to any arguments, do not share your plans with your co-workers. Once the notice period expires, just stop attending your office.

Cyril

From India, Nagpur
Hi Cyril,
Thank you so much for the mail and support. I checked with the HR this morning. The notice pay is surprisingly on the total gross and not basic + DA. When I told them that it should be on the Basic plus DA, they claimed that that is usually for the government sector employees and not for private sector. Is there any rule or guide book that can be referred to get a clarity on this point?
Kind Regards,
Prakash

From India, Mumbai

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