Hello All, I have joined a company in Oct'2020 and my notice period is 2months. I have resigned on 22nd April 2021 and asked my company to relieve me by 15th May 2021 and told them that I'm ready to pay notice period days which I'm not going to serve. They haven't accepted my resignation and they kept my salary on hold. They told me that they will proceed legally. I haven't signed any bond and only signed only on the Appointment letter. Please see below what it was mentioned in the appointment letter and requesting you to advise?

Termination of Contract:

Termination of employment by either party will be by giving two months notice in writing to the other, subject, however to the Company’s right to pay two months’ basic salary in lieu of such notice to you. Further, in the event of your giving notice of termination shorter than the above period of two months, the Company shall have at its own discretion the right to adjust any leave due to you and/or recover from you such amounts towards notice pay for the shortfall in the period of notice.
The Company and/or the employee may at its sole discretion terminate the Contract of Employment without notice by giving two months prior intimation. In case of no intimation, the services can be terminated by either party by paying two months’ basic salary. In the event of termination, as provided hereinabove, all benefits/perquisites/allowances shall stand forfeited immediately and you will only receive any statutory benefits as applicable to you on the date of your termination.

From India, Chennai
Labour Law & Hr Consultant

Dear Urspranu,

Always, an employee's future career depends on the peaceful and formal completion of the entire process of his/her resignation from the current job. At times there may be hesitation on the side of the employer to accept the resignation forthwith due to practical difficulties like the importance of the post held by the resigning employee, the resignation being sudden and in very short notice so that finding a suitable replacement becomes very difficult and the like. Your resignation takes effect from a future date subject to the fulfilment of the notice condition in the manner as described in the appointment letter and you are still serving the notice period in anticipation of the acceptance of your resignation. In such a situation, instead of accepting your prospective resignation, simultaneously rejecting it and holding your salary as well while you are serving the partial notice period seems to be very contradictory to the contents of the exit clause mentioned in the appointment letter. Politely bring this fact to the notice of your employer and request him to relieve you on 15-05-2021 after adjusting your salary for the unserved notice period.

If it is futile, you can walk out on the evening of 15-05-2021 by giving a prior notice putting forth the entire episode on record without prejudice to your legal right of recovery of the illegally withheld salary and other dues, if any. That is the right alternative appearing to be possible in such a situation.

From India, Salem

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