Anonymous
Hello Members,
I have a query with regard to Short Notice period being served on Current Employer.

One of my colleague working in an MNC IT company for almost 8-9 years has received a prospective Offer of Employment from a Semi-Govt institute in the IT Dept. The New Employer has asked him to join within 10 days from the date of receipt of OOE. With a request to extend the joining period they have agreed for 1 month extension. But as per current employer, my colleague is supposed to serve 3 months notice.

My colleague has officially put down/submitted his resignation through the online system (as per company policy) and also sent a official mail serving 1 (one) month notice instead of 3 (three) months.

Q.1 - Can the current employer/company withhold his Full and Final Settlement?
Q.2 - Can he stop attending duty after the last date of work as mentioned in the resignation letter?
Q.3 - If yes, will/does the company has the right to mark him Absconding for not serving the entire 3 months notice?
Q.4 - If yes, will/does the company has the right to Terminate him from services inspite of officially submitting his resignation?
Q.5 - If yes, does the current employer have the right to hold his Relieving and Experience Letter?
Q.6 - Does resigning with short notice period fall under "MISCONDUCT"? If yes, what is the level of Misconduct?
Q. 7 - Can the current employer hold his PF/Gratuity settlement?
Q.8 - What is resignation buyout?

Hope my queries will receive positive response.

From India, Thane

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The queries mentioned are answered below:
Q.1 - Can the current employer/company withhold his Full and Final Settlement? Yes. Since the employee has not served the notice period in full the employer can validly hold any due payment to you pending final decision in the matter.
Q.2 - Can he stop attending duty after the last date of work as mentioned in the resignation letter? It will not be a valid act.
Q.3 - If yes, will/does the company has the right to mark him Absconding for not serving the entire 3 months notice? If he absents then it will be abandonment.
Q.4 - If yes, will/does the company has the right to Terminate him from services inspite of officially submitting his resignation? Yes it is quite possible. A resignation becomes effective only when it is accepted and the employee is relieved. If the conditions of resignation are not fulfilled the employer has the right to reject the resignation and proceed against the employee.
Q.5 - If yes, does the current employer have the right to hold his Relieving and Experience Letter? The employer has the right to mention that the employee's services were terminated due to abandonment.
Q.6 - Does resigning with short notice period fall under "MISCONDUCT"? If yes, what is the level of Misconduct? The misconduct would be wilful absence in such cases and not resigning without due notice.
Q. 7 - Can the current employer hold his PF/Gratuity settlement? No the employer has no right to hold PF or gratuity payment. For PF transfer , it is not necessary to obtain the employer permission.
Q.8 - What is resignation buyout? Resignation buy out means the employee pays for the remaining notice period after serving a part of it. In this case it would be salary for two months. But it is at the discretion of employer to accept or reject the buyout option.
Hope the above clarifies

From India, Mumbai

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