Resignation Dilemma: How to Handle Notice Period Buyout When Company Hesitates?

Resignation and Notice Period Query

I am working in the Automobile Manufacturing Industry in Chennai for 1.4 years. Now, I have received a better offer in Chennai itself and have submitted my resignation by email.

As per the Appointment Order in the current organization, "Your service may be terminated by written notice of three months on either side or Salary in lieu thereof. Please note that in the event of any violation or breach of our service conditions, explicitly communicated in the offer or which may be made applicable to you from time to time, or the ethical standards or behaviors on your part, the company reserves the right to terminate your service forthwith without any notice."

I submitted my resignation through the company portal on 19th June 2015, and I am willing to be relieved from my current job on 31st July. For the remaining period, I am prepared to pay a notice period pay.

Notice Period Details

- Total Notice period: 90 days (while submitting resignation in the portal it shows 90 days)
- From 19th June to 31st July: 44 Days
- Balance notice period pay: 46 Days I am ready to pay as money. (Normally, the company does the same for many people).

My boss, 2nd level Boss, and HR have accepted my resignation. All my work has been assigned to the next-level person, and my boss has also accepted the same.

However, my 2nd level boss has asked me to serve a 3-month notice period or pay the equivalent amount. Since my 2nd level boss has requested a 3-month notice period, HR and my boss are unsure how to proceed.

Can you provide legal advice on this matter?

Regards

Even I require an answer for the same kind of query. In fact, in my case, HR compliance has sent an email to serve the entire 3 months, or disciplinary action will be taken.

Requesting Approval for Resignation and FNF Closure

You can simply request an email to HR stating your date of resignation and date of leaving (once you have updated them). Ask for approval in the email for Full and Final (FNF) closure. If they still persist, ask the new employer for an additional 5-10 days by stating that HR is on leave. If there is still no response, escalate the matter to both your current and previous managers.

Communicating with Managers and HR

Next, you can send an email looping in managers and HR, stating the number of days you have served and proposing to deduct the remaining days from your paid leave balance or offering to pay for the extra days. Also, inform them of the date you intend to leave the organization. If there is no response, follow up by enclosing the previous email and contacting the nearest Labor Office.