Maulik Dave
Hr Professional

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
I am expat. I want to resign and already gave my resignation because the law here says I need to give a resignation or notice period of 10 working days but my employer don't want to give me exit clearance even after serving the 10 working days. Do they have the right to hold me because there's no replacement?

From Australia, undefined
@ Expat,

Good Afternoon.....!!!!

I am not so aware about rules & regulation governing Employee-Employer relations in Your country. But can give you general guidelines on your query.

First of all, Please refer the Appointment letter "Relieving clause". If it says you have to serve notice period of 10 Days. You are right that you have rendered your resignation & its now 10 days. So you must be relived with Exit Clearance.

If there is a "Replacement clause" which says you can't be relived until they find a replacement it has to be time defined like one month (a general notice period in India).

By referring this two you can intimate officially to your current employer in writing about your doubts. Because if you have full filled above appointment letter clauses they have no right to hold you.

If they are not relieving you can contact the local authorities to file a legal suit for your rights.

I have searched something from internet. Please refer below link.

National Labour Law Profile: Australia

I hope this will help you & resolve your issues.

All the best.

From India, Ahmedabad
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™