PLEASE HELP! Resignation Issue - CiteHR
Maulik Dave
Hr Professional

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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?
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@ 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.
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