Hi HR experts,
I am working in a PSU Company governed by CDA rules wherein the resignation clause reads as:
1. A permanent employee may leave the services of the company after giving 3 months' notice or as per the terms and conditions of their appointment.
2. The company reserves the right either to accept pay and allowance/adjustment of leave towards the notice period or demand actual service during the notice period.
I have received a good offer from a Pvt Company and have recently resigned from my permanent job, requesting my employer to relieve me from service effective from 31st Jan (giving 20 days' notice after the resignation date). I have about 6 months of accumulated paid leave which can be adjusted against the notice period.
The company is enforcing the 3-month notice period with me. However, in the recent past, around 20-25 permanent employees have left the company, and all of them were immediately relieved without completing the full 3-month notice period. The notice period was adjusted against their paid leaves.
My new employer is unwilling to accept the 3-month notice period for joining. In light of the above, please help me with the following:
1. Is the company not forcefully adhering to its terms and conditions?
2. In my absence, the Company is not facing any manpower shortage.
3. Is the company not interfering with individual rights to career growth?
Please advise me urgently. Should I seek legal advice in this regard?
Sushma
From India, Mumbai
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I am working in a PSU Company governed by CDA rules wherein the resignation clause reads as:
1. A permanent employee may leave the services of the company after giving 3 months' notice or as per the terms and conditions of their appointment.
2. The company reserves the right either to accept pay and allowance/adjustment of leave towards the notice period or demand actual service during the notice period.
I have received a good offer from a Pvt Company and have recently resigned from my permanent job, requesting my employer to relieve me from service effective from 31st Jan (giving 20 days' notice after the resignation date). I have about 6 months of accumulated paid leave which can be adjusted against the notice period.
The company is enforcing the 3-month notice period with me. However, in the recent past, around 20-25 permanent employees have left the company, and all of them were immediately relieved without completing the full 3-month notice period. The notice period was adjusted against their paid leaves.
My new employer is unwilling to accept the 3-month notice period for joining. In light of the above, please help me with the following:
1. Is the company not forcefully adhering to its terms and conditions?
2. In my absence, the Company is not facing any manpower shortage.
3. Is the company not interfering with individual rights to career growth?
Please advise me urgently. Should I seek legal advice in this regard?
Sushma
From India, Mumbai
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Hi Sushma,
You are right in view of the above facts that your case has merit. I suggest that you seek legal advice as a precautionary measure. Would you be able to prove that in other similar cases, the notice period was adjusted against accrued leave?
Have you been informed in writing of the reasons for your resignation as stated? I would recommend first having a frank discussion with your supervisor or Department Head considering the facts. Additionally, utilize your sources to gather information on why this situation is happening to you.
Best wishes,
Rajat Joshi
From India, Pune
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108You are right in view of the above facts that your case has merit. I suggest that you seek legal advice as a precautionary measure. Would you be able to prove that in other similar cases, the notice period was adjusted against accrued leave?
Have you been informed in writing of the reasons for your resignation as stated? I would recommend first having a frank discussion with your supervisor or Department Head considering the facts. Additionally, utilize your sources to gather information on why this situation is happening to you.
Best wishes,
Rajat Joshi
From India, Pune
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Hi, Sushma,
First, you should follow the precedence set by a few employees. If your leave is adjusted on short notice, act accordingly, and seek the opinion of your superior/HOD. Remember, your resignation must be approved by the HR Department. In the event that your current organization is unwilling to provide a release letter, at least try to obtain a receipted signature on a duplicate copy of your resignation, which you can then use with your new employer.
However, as you have not specified the terms and conditions outlined in your appointment letter, seek legal advice with all relevant documents.
Regards,
Chandan Chatterjee
From Japan, Tokyo
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First, you should follow the precedence set by a few employees. If your leave is adjusted on short notice, act accordingly, and seek the opinion of your superior/HOD. Remember, your resignation must be approved by the HR Department. In the event that your current organization is unwilling to provide a release letter, at least try to obtain a receipted signature on a duplicate copy of your resignation, which you can then use with your new employer.
However, as you have not specified the terms and conditions outlined in your appointment letter, seek legal advice with all relevant documents.
Regards,
Chandan Chatterjee
From Japan, Tokyo
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Dear Sushma,
In this case, we have to read the clauses of resignation very logically. If the intention of the Company was to allow for the adjustment of leaves against the notice period in all cases, then they would have simply said that outstanding leaves will be allowed to be adjusted against the balance notice period. And if the intention was not to allow it in any case, then they would have said that it will not be allowed in any case.
But what they have written is that they reserve the right to do so which means it is up to them whether to allow adjustment of leaves against the notice period or not.
Going to court on this issue will not help. So what is the alternative? The alternative is to just resign and go, but do obtain a receipt for a copy of your resignation letter. If they refuse to receive your resignation, fax it from outside and send the original by registered post from outside (keep a record of it). In your resignation, you must request an adjustment of your balance leaves.
What worse can happen? In case of continuous absences, the maximum a Company can do is to dismiss an employee, but they cannot hold back your dues (you will also save on leaves which would have been adjusted against your notice period). In this case, you will have valid grounds for getting dismissed so do not bother about your career.
Alternatively, to your future employers, just show your appointment letter and a copy of the resignation letter.
K. K. Tyagi
From India, Delhi
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In this case, we have to read the clauses of resignation very logically. If the intention of the Company was to allow for the adjustment of leaves against the notice period in all cases, then they would have simply said that outstanding leaves will be allowed to be adjusted against the balance notice period. And if the intention was not to allow it in any case, then they would have said that it will not be allowed in any case.
But what they have written is that they reserve the right to do so which means it is up to them whether to allow adjustment of leaves against the notice period or not.
Going to court on this issue will not help. So what is the alternative? The alternative is to just resign and go, but do obtain a receipt for a copy of your resignation letter. If they refuse to receive your resignation, fax it from outside and send the original by registered post from outside (keep a record of it). In your resignation, you must request an adjustment of your balance leaves.
What worse can happen? In case of continuous absences, the maximum a Company can do is to dismiss an employee, but they cannot hold back your dues (you will also save on leaves which would have been adjusted against your notice period). In this case, you will have valid grounds for getting dismissed so do not bother about your career.
Alternatively, to your future employers, just show your appointment letter and a copy of the resignation letter.
K. K. Tyagi
From India, Delhi
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Hi Sushma,
The company is acting forcefully, but from the company's point of view, it is justified because they must have provided extensive training to the employees. However, before yielding returns, the employees are leaving.
In some companies, a specific date is set, indicating that employees who join from a certain date must provide a notice period of 30, 45, 60, or 90 days. From the employees' perspective, even a month's notice is not manageable.
From India, Mumbai
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The company is acting forcefully, but from the company's point of view, it is justified because they must have provided extensive training to the employees. However, before yielding returns, the employees are leaving.
In some companies, a specific date is set, indicating that employees who join from a certain date must provide a notice period of 30, 45, 60, or 90 days. From the employees' perspective, even a month's notice is not manageable.
From India, Mumbai
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Hi there,
I want to ask a question: Is the resignation period counted in our experience? Suppose I am resigning, and my resignation notice is for 90 days. Does that mean I have to give a notice 90 days prior to the date of resignation? So, in that case, are those three months officially counted in my experience?
Regards,
Devils
From India, Mumbai
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I want to ask a question: Is the resignation period counted in our experience? Suppose I am resigning, and my resignation notice is for 90 days. Does that mean I have to give a notice 90 days prior to the date of resignation? So, in that case, are those three months officially counted in my experience?
Regards,
Devils
From India, Mumbai
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