Rajanassociates
Legal Counsel
Kalyan R
Deputy General Manager - Personnel
Paromita26
Hr Professional
Unusual_indu
Hr -generalist,(web Development Company),recruitment,performance
Anu_1259
Human Resource Domain
Hiten Parekh
Hr - Pharmaceutical Industry
SATISH KUMAR DHANWAL
Sr. Manager (hr)ntpc Ltd., Noida
Evanjerik
Learning & Performance Manager
Jyo.kp3
Service

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Hi
I have resigned from my present company. As per the appointment letter (no other contract) i was supposed to give a one month notice or salary in lieu thereof. I gave them 10 days notice period and after 10 days i wrote a mail to my senior that since today is my last day i thank you for your support.
Now i'm receiving threatening calls from the top management that i was supposed to give one month notice and if i do not give one month notice they will publish my notice in newspaper that i'm not a sincere employee and they will destroy my career.
Please advise

Hi Samar
Did you have a word with your employer regarding the notice period ?
If yes what was the comment made by them ?
Do you have a proof that they agreed to the 10dsys notice period ?
Thanks and Regards
Indrani Chakraborty

Ya! I would agree with Indrani. Did u notify them that u will be leaving in 10 day’s time. What was their response at that time. Did u gave a formal letter? regards Anuradha
Hi
Normally the Appointment Order contemplates one month notice or one month pay in lieu of notice. If your appointment order has the above clause, you can pay the notice pay in lieu of the balance 20 days get request your employer to relieve you from service. If there is no specific clause for payment in lieu of notice, you have to serve the notice period to get relieved properly.
It is always be better to get relieved properly to avoid future complications. Moreover if your prospective/future employer refers to the previous employer for antecedent verification, you may face issues in case of deserting the service without proper relieving order.
Thanks & Regards
Kalyan R

Kalyan's suggestion is absolutely true and Kalyan has given the pratical reality picture,with regard to future employer contacting your previous employer for verification !!!!
Better to relieve properly step by step rather than creating problems in future!!!!
Indrani : your questions to Samar komal is really good whih makes him clearly understand where he stands in his career path after this issue!!!!

Hi Thanks for the reply.
I sent them a formal letter of resignation which was neither accepted nor rejected by the employer.
They told me that one month notice period is required but due to some personal it is not possible to give me the notice period and i told them to deduct my salary in lieu of notice period.
On the last day i wrote a mail to my senior giving reference of my resignation letter that i'm leaving to which no response is received.
Now they are forcing me to give one month notice pending which they will not issue me the relieving and experience letter.
Regards
Samar

Hi Samar,

U have acted against the terms and conditions of offer of appointment. There is always a laid down way for acting in such situations. Why did not you comply with the terms of resignation? If there was any strong reason for leaving the comapny without giving one months notice then u could have paid back one month salary and got releived. U do not want to give one month's notice, you do not want to pay back one month salary in lieu of notice and u also want to leave the company on your convenience- all these are definitely against u and unprofessional and immature actions. Your employer can definitely destroy your whole career whenever any reference come to them seeking information about your conduct etc. Now the best way is that you pay them one months salary and take releiving letter and experience certificate. Leave on a good and happy note. You never know one day you may come back to the same company on some higher level. So think of future also.

Yours,

Satish Kumar Dhanwal

Head (HR)

NTPC Foundation

The 30-day grace period between your resignation and its effectivity date is mandatory to all employees unless otherwise stipulated under a labor law or company policy.
Your resignation was duly acted upon by the company contrary to your allegation that it was "neither accepted or rejected by the employer" when they told you that "one month notice period is required."
What you did is a breach of contract and the company can sue you in court in addition to your name being published in a national newspaper. Actually, it is your own action that is threatening to destroy your career and not the company.
For whatever reason you have, whether valid or not, the only way out from your predicament is to negotiate with the employer or go back and change the effectivity date of your letter of resignation. While waiting for the grace period to end, you may file for a leave of absence if possible. This is the only win-win solution I can see.

Dear
There is nothing to panic.They are merely threats to make you to stay.We are in agreement with the post that you make good 20 days salary and have a decent quit.
Just send a note about the threats and also enclosing the DD for 20 days salary and request for your relieving letter.
Publising your photo is an offence and you can sue them for defamation. A mole is made into a mountain by verbal comunication. Once it is written form percieved" lions" become" mice".
Thats it and carry on forward.
With Regards
V.Sounder Rajan
E-mail :

Dear Mr. Dhanwal
I always wanted to give salary in lieu of my notice period and as per my appointment letter with the company my only liability is to give one months notice or salary in lieu thereof but they are insisting only on one month's notice period.
Also they are putting pressure to represent the company in the pending cases for a period of six months after my resignation. How this can be possible and moreover my name as the Authorised SIgnatory is not given in any of the Courts till the date of my resignation.
I hope that you can reconsider that i'm the only party who is doing the wrong things.
Regards
Samar Bhatia


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