My employer has asked me to resign with immediate effect as my services are not required by the company. I have immediately sent a backdated resignation letter referring to my appointment letter, wherein it is mentioned that a notice period of 3 months has to be given by either side or salary in lieu thereof.
Can they release me before the 3-month period with salary, or do I need to serve the notice period? I seek your valuable suggestions.
From India, Mumbai
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Can they release me before the 3-month period with salary, or do I need to serve the notice period? I seek your valuable suggestions.
From India, Mumbai
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Types of Resignation and Their Implications
It depends on the type of resignation submitted. If the resignation is prospective, i.e., taking effect from a future date, the employee should either serve the entire notice period or buy it out, subject to the discretion of the employer. If the resignation is with immediate effect, the employee has to pay the notice period salary.
In the case of a prospective resignation, the employer can relieve the employee forthwith but should pay the notice salary to the employee. The poster seems to have very intelligently handed over a backdated resignation but is silent about his intention to deal with the notice clause. If the employee does not mention willingness to serve the entire notice period, the employer, if law-abiding, will honor the exit terms of the contract by either accepting the resignation and asking the employee to serve the entire notice period or pay the notice salary in lieu thereof before the employee's relief. If the employer is equally smart and considerate, they will waive the payment of notice salary by the poster and relieve him forthwith, as the sudden move of the employer seems to indicate redundancy.
From India, Salem
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6108It depends on the type of resignation submitted. If the resignation is prospective, i.e., taking effect from a future date, the employee should either serve the entire notice period or buy it out, subject to the discretion of the employer. If the resignation is with immediate effect, the employee has to pay the notice period salary.
In the case of a prospective resignation, the employer can relieve the employee forthwith but should pay the notice salary to the employee. The poster seems to have very intelligently handed over a backdated resignation but is silent about his intention to deal with the notice clause. If the employee does not mention willingness to serve the entire notice period, the employer, if law-abiding, will honor the exit terms of the contract by either accepting the resignation and asking the employee to serve the entire notice period or pay the notice salary in lieu thereof before the employee's relief. If the employer is equally smart and considerate, they will waive the payment of notice salary by the poster and relieve him forthwith, as the sudden move of the employer seems to indicate redundancy.
From India, Salem
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Withdrawl of Resignation and Notice period.doc
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