Hello, I am working in an IT company; I joined the company 2 years ago. I have a two-month notice period to serve. I have resigned from my position as a web developer on the 13th of March 2017. I requested my HR to release me on the 13th of April 2017 [as I also informed him that I would pay for one month], but he asked me to stay a couple more days as the company does not have my replacement. So, I managed to extend the notice period and informed him that I can only extend it until the 28th of April 2017. Now, my HR is telling me that I cannot leave the company and that we don't have the resources, insisting that I have to serve the notice period.
I explained to him that I am willing to pay for the remaining days and that I have tried my best to extend my notice period.
I now need some suggestions on what I can say to him so that I can leave the company on the 28th of April 2017. I am actually going to start my further studies, and my classes are commencing on the 1st of May 2017.
I need your help so that I can somehow convey to my HR to release me on the 28th of April. I am confused as to whether he can force me to stay and serve the entire notice period when I am ready to pay the firm any required amount. I am keen on obtaining my relieving and experience letter, and hence I am being patient. Please suggest a way for me to resolve this; should I consider taking any legal steps?
What legal actions can my firm take against me?
Please help!! Thank you.
Regards, Soham
From India, Vadodara
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I explained to him that I am willing to pay for the remaining days and that I have tried my best to extend my notice period.
I now need some suggestions on what I can say to him so that I can leave the company on the 28th of April 2017. I am actually going to start my further studies, and my classes are commencing on the 1st of May 2017.
I need your help so that I can somehow convey to my HR to release me on the 28th of April. I am confused as to whether he can force me to stay and serve the entire notice period when I am ready to pay the firm any required amount. I am keen on obtaining my relieving and experience letter, and hence I am being patient. Please suggest a way for me to resolve this; should I consider taking any legal steps?
What legal actions can my firm take against me?
Please help!! Thank you.
Regards, Soham
From India, Vadodara
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Notice Period and Payment Clause
If your appointment letter includes a clause for a 2-month notice period or payment in lieu thereof, you are entitled to either serve the 2-month notice period or make a payment. Whether the company will relieve you immediately upon your resignation by accepting the notice pay or only after 2 months is at the company's discretion. However, they cannot require you to work beyond the notice period.
Surely, some legal actions may be taken, but before that, the content of your resignation letter and subsequent communications with HR should be considered first before proceeding further.
From India, Kolkata
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247If your appointment letter includes a clause for a 2-month notice period or payment in lieu thereof, you are entitled to either serve the 2-month notice period or make a payment. Whether the company will relieve you immediately upon your resignation by accepting the notice pay or only after 2 months is at the company's discretion. However, they cannot require you to work beyond the notice period.
Surely, some legal actions may be taken, but before that, the content of your resignation letter and subsequent communications with HR should be considered first before proceeding further.
From India, Kolkata
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As Mr. Ritesh mentioned, please check the relieving clause mentioned in your offer letter. If it reads a 2-month notice period or compensation, then you can request your management to accept the compensation. However, as you mentioned you are a web developer, please check whether you have signed any internal project assurance documents where you agreed to stay until the completion of the project, etc. Such an agreement will also stand as strong proof for the employer to ask you to stay. If nothing is signed and you are ready to adhere to the clauses of your offer letter, then you have all rights to request your management. In such a case, the management won't have any option to force you to stay. If they do so, you can file a legal case against them through your labor department and also through your advocate. But before doing so, please ensure you have all the necessary documents clear to prove your side.
From India, Madras
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From India, Madras
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Withdrawl of Resignation and Notice period.doc
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