How Can I Resign Immediately Due to Personal Loss and Get My Relieving Letter?

Dear Seniors, I left my last organization on 30th September and joined a new one on 3rd October. Due to the unbearable loss of a loved one, I would like to take a break from my job. I need at least a month's time to recover. Currently, I'm in no position to continue working and want to be relieved immediately.

On 7th November 2016, I'm planning to submit my resignation and wish to be relieved on that day itself. I have just completed one month and am on probation as per the appointment letter. Except for a three-day training, no other training has been conducted so far. I have joined as a junior-level manager, though nobody reports to me.

I'm ready to buy out my notice period and cover any costs the company incurred for my training. All I want is to be relieved.

Please don't assume that I have anything to hide or another job opportunity in hand. There is nothing of that sort. I only need a break to recover.

Questions Regarding Resignation and Notice Period

1. There is nothing written as "payment in lieu of," only "the company is entitled to recover" is mentioned. If I'm ready to pay my one month's basic salary, will the company relieve me and provide a relieving letter? I need it because I have an unblemished career of seven years. I believe that since I have worked for them, I have the right to receive a letter. Please tell me how to obtain one.

2. Can the company force me to serve the notice period even if I'm ready to buy it out immediately?

3. I have already submitted my expense statement two weeks ago. Will the company pay me in the full and final settlement?

Clauses in My Appointment Letter

6. PROBATION: You will be on probation for a period of six months from the date of joining. During this period of employment, the company reserves the right to terminate your service with immediate effect and without assigning any reason. You will continue to be on probation until your services are confirmed in writing by the company.

7. NOTICE PERIOD: You shall give a clear one month's notice in writing if you wish to leave our employment. If you fail to do so, the company shall be entitled to recover an amount equivalent to one month's basic salary.

Please guide me on how I can be relieved. It would be of great help if someone could tell me the steps to follow.

Thanks

Your contract is clear. Pay them one month's basic salary that you must pay by a Demand Draft. Send your resignation along with this draft through the Postal Service Registered AD. They are bound to accept. Write in the letter that you are invoking this clause of the contract. They must let you go.

Under the West Bengal Shops and Establishment Act, read along with the Payment of Wages Act, they are bound to pay your wages.

For more information, call 9038911006.

Thank you very much for your guidance. But I have a query; the appointment letter doesn't mention anything about "payment in lieu of." Only the company is entitled to recover one month's basic salary, as mentioned. So, if I submit my resignation and provide one month's basic salary as notice in lieu, would that be legal?

However, I need to go to the office to hand over the company belongings such as the laptop, mobile phone, dongle, SIM card, ID card, etc.

I believe my resignation email includes the following points:

1. Request for immediate relief
2. Willingness to pay one month's basic salary
3. Handover of company belongings to Mr. XXXXX (uncertain if he will collect them)
4. Commitment to completing the handover by today (even if there is nothing to hand over)
5. Request for acceptance of my resignation

Please inform me if I have missed anything.

Dear [Name],

You need to submit your resignation and explain your concerns to the HR department through your Head of Department (HOD). It is not mandatory for you to pay the Notice Pay in lieu of the Notice Period. If your issues are genuine and are understood by the management, you may be granted an exemption from the Notice Pay/Period and be relieved accordingly.

Kind regards