Termination From Services - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Spm007
Analyst

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I joined an MNC few months back and I resigned after working there for 4 months due to mental harassment from my manager. I sent a resignation to HR and my manager on 29th feb mentioning all the details and informed that I would be reliving my duties with immediate effect. I submitted the resignation on company's exit tool as well mentioning the reason of my resignation as well. I didn't go to office after that. On 15th April, I received a letter from HR, informing that I have not been reporting to work since 29th Feb and disciplinary action would be taken if I do not resume my duties by 20th April. I replied back mentioning that I have already resigned and have no intention to join back since I do not wish to be mentally harassed again.
After 20 days, I received a letter from HR again that my services have been terminated from 26th Feb on account of unauthorised absence from work.
Also, they made the resignation that I initiated on exit tool void and initiated termination process at their end.
I am not expecting any reliving or experience letter from them and I don't need it either.
My question is that since they have terminated me on ground of unauthorized absence and not on basis of my resignation, can they demand money in lieu of notice period ?
Again, it's a termination and not resignation acceptance as I resigned on 29th Feb but they have terminated the employment with effect from 26th Feb.
Kindly help.

Whatever the reasons are and howsoever could they be justifiable, resignation as per the contract of employment is a two-way process of formal submission by the employee and unconditional approval by the employer. Harassment by the superior can not be a valid reason justifying resignation with immediate effect in the absence of any formal attempt to grievance redressal.
If factually correct, the action of the management in straight away terminating the employee ante-dated on the ground of unauthorised absence without affording any opportunity to him and without rejecting his resignation already submitted will not stand judicial scrutiny if agitated nor will it entitle them to the claim for notice-pay.

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