Thread Started by #vinod-nageshwar

Need some expert advise, I'm currently employed for the past 1.3 years in this company . I don't have a confirmation letter given by the company all these while. I only have my appointment letter that states to give 7 days notice before resignation
My question: I would like to resign from this company as I need to join my new company on 15th June:
1. Do I only give 7 days notice as stated in my appt letter or do I still need to give at least 2 month notice?
2. If 7 days is sufficient, does it include weekends as well? Does the day I tender my resignation is calculated in as well?
3. Can I use my balance annual leave entitlement for the year to offset the notice period although it's only May now?
4. Can the HR force me to serve 2 month notice at least (as this is what happened to my previous colleague although there's no confirmation letter that states this)? Can my HR reject my resignation letter?
Thanks a lot!
19th June 2018 From India
Your queries are answered at seriatim below:
1. You need to give only 7 days notice as stated in appointmentt letter
2. 7 days is sufficient, it means seven working days and does not include weekends although it is not defined so anywhere in statute. The day you tendered resignation is not included.
3. You can use balance annual leave entitlement in proportion for the part of the year so far to offset the shortage in notice period.
4. HR is likely to force you to serve 2 month notice but you need to stress the fact that there is no other communication addressed to you either confirming you in service or extending your notice period to two months. Unless these are specifically communicated, no presumption and assumption could lie. You need to softly challenge the HR Department that legally there cannot be any claim for two month's notice and you will not be cowed down. HR may reject your resignation in that case, issue them proper legal notice.
21st June 2018 From India, Mumbai
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