Hello Everyone, May I request some advice?
I am working for an international consultancy company. I have put in my resignation due to a medical emergency in the family, which is forcing me to relocate to my hometown. I am currently serving the notice period. I submitted the resignation via email after discussing it with the reporting managers (I have an operational head and an administrative head). The administrative head was quite aggressive and started to get personal during the discussions.
Acknowledgment of Resignation
1. I am yet to receive an acknowledgment/acceptance for the resignation letter from my reporting managers or HR.
Request for Notice Period Waiver
2. I have requested a waiver of my notice period (3 months). I also offered to pay for 1.5 months in lieu of notice, and the remaining 1.5 months shall be used for handing over and exit formalities. I have not received any response to these points.
Workload During Notice Period
3. I am also being loaded with work as if I have not resigned and have been asked to attend meetings with clients. I politely declined to do this. However, I have been threatened with dire consequences, including termination and legal action.
Clarification on Payment in Lieu of Notice
4. May I also understand what constitutes payment in lieu of notice? Is it the gross salary or basic + DA + HRA?
May I request your advice on how to tackle this situation?
Thank you.
Best Regards, Prakash
From India, Mumbai
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I am working for an international consultancy company. I have put in my resignation due to a medical emergency in the family, which is forcing me to relocate to my hometown. I am currently serving the notice period. I submitted the resignation via email after discussing it with the reporting managers (I have an operational head and an administrative head). The administrative head was quite aggressive and started to get personal during the discussions.
Acknowledgment of Resignation
1. I am yet to receive an acknowledgment/acceptance for the resignation letter from my reporting managers or HR.
Request for Notice Period Waiver
2. I have requested a waiver of my notice period (3 months). I also offered to pay for 1.5 months in lieu of notice, and the remaining 1.5 months shall be used for handing over and exit formalities. I have not received any response to these points.
Workload During Notice Period
3. I am also being loaded with work as if I have not resigned and have been asked to attend meetings with clients. I politely declined to do this. However, I have been threatened with dire consequences, including termination and legal action.
Clarification on Payment in Lieu of Notice
4. May I also understand what constitutes payment in lieu of notice? Is it the gross salary or basic + DA + HRA?
May I request your advice on how to tackle this situation?
Thank you.
Best Regards, Prakash
From India, Mumbai
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To answer your question about what constitutes payment in lieu of notice, please check your appointment letter for the exact wording of your clause. Also, if your organization has a policy in place, please check that too. You can also speak to your finance and accounts team to understand how they calculate this.
Secondly, please keep a hard copy printout of your resignation for your personal records. It will serve as legal proof that you have submitted your resignation.
A waiver of the notice period is an employee's request. It is not mandatory for the employer to agree to the request, regardless of past precedent. Therefore, you should assume it is not approved until you receive written confirmation.
Regarding meeting clients, please inform your superiors that the client may become upset upon learning of your departure, potentially leading to contract cancellation. Emphasize that you are acting in the best interest of the organization. Refer to your appointment letter and company code of conduct to understand possible legal actions. For detailed information, consider consulting with a lawyer.
Regards,
Ryan
From India, Mumbai
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90Secondly, please keep a hard copy printout of your resignation for your personal records. It will serve as legal proof that you have submitted your resignation.
A waiver of the notice period is an employee's request. It is not mandatory for the employer to agree to the request, regardless of past precedent. Therefore, you should assume it is not approved until you receive written confirmation.
Regarding meeting clients, please inform your superiors that the client may become upset upon learning of your departure, potentially leading to contract cancellation. Emphasize that you are acting in the best interest of the organization. Refer to your appointment letter and company code of conduct to understand possible legal actions. For detailed information, consider consulting with a lawyer.
Regards,
Ryan
From India, Mumbai
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Thank you, Ryan. I understand that the waiver of the notice period is a request from me. However, is it not possible for me to put forward a letter stating that I wish to serve only 1 month of the 3 months and the remaining period can be paid for in lieu of notice?
Kind Regards,
Prakash
Hi Prakash, To answer your question about what constitutes payment in lieu of notice, please check your appointment letter for the exact wording of your clause. Also, if your organization has a policy in place, please check that too. Additionally, you can speak to your finance and accounts team to understand how they go about this calculation.
Secondly, please keep a hard copy printout of your resignation for your personal records. It will be legal proof that you have put in your resignation.
Waiver of the notice period is a request of an employee. It is not mandatory for the employer to agree to the request, irrespective of past precedent. So you would have to assume that it is not approved until you are informed in writing.
With reference to meeting clients, please inform your seniors that the client will likely be upset once they realize that you are leaving the organization shortly, which may cause the contract to be canceled, and you are doing this for the good name of the organization. Again, read your appointment letter and company code of conduct to understand the legal action they may take. Please consult a lawyer for more information.
Regards,
Ryan
From India, Mumbai
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Kind Regards,
Prakash
Hi Prakash, To answer your question about what constitutes payment in lieu of notice, please check your appointment letter for the exact wording of your clause. Also, if your organization has a policy in place, please check that too. Additionally, you can speak to your finance and accounts team to understand how they go about this calculation.
Secondly, please keep a hard copy printout of your resignation for your personal records. It will be legal proof that you have put in your resignation.
Waiver of the notice period is a request of an employee. It is not mandatory for the employer to agree to the request, irrespective of past precedent. So you would have to assume that it is not approved until you are informed in writing.
With reference to meeting clients, please inform your seniors that the client will likely be upset once they realize that you are leaving the organization shortly, which may cause the contract to be canceled, and you are doing this for the good name of the organization. Again, read your appointment letter and company code of conduct to understand the legal action they may take. Please consult a lawyer for more information.
Regards,
Ryan
From India, Mumbai
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You have been correctly advised by Ryan to check your appointment letter for what constitutes "pay." Normally, it is basic plus DA. However, you should verify this. Retain a hard copy of the resignation letter for future use.
In such matters, it is necessary to make your intentions loud and clear to the organization. You have the right to terminate the contract by resigning from service. The employer can, at most, compel you to pay the notice pay. You can put in actual attendance for the period you are willing, and the rest can be adjusted against the payment you should make. The employer must know the date from which you will stop attending your work, and you should stick to your written communication.
Please refrain from accepting any new responsibility and be quite firm on your stand. If the employer threatens you with legal action, you will have to be prepared to defend your case. As stated above, you have a right to terminate your contract, and any precipitated action by the employer can be well defended. Do consult a competent lawyer.
Regards,
Cyril
From India, Nagpur
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In such matters, it is necessary to make your intentions loud and clear to the organization. You have the right to terminate the contract by resigning from service. The employer can, at most, compel you to pay the notice pay. You can put in actual attendance for the period you are willing, and the rest can be adjusted against the payment you should make. The employer must know the date from which you will stop attending your work, and you should stick to your written communication.
Please refrain from accepting any new responsibility and be quite firm on your stand. If the employer threatens you with legal action, you will have to be prepared to defend your case. As stated above, you have a right to terminate your contract, and any precipitated action by the employer can be well defended. Do consult a competent lawyer.
Regards,
Cyril
From India, Nagpur
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Thank you, Cyril. I am not really happy with the way my appointment letter was formulated. My appointment letter was given to me a month after joining the organization, as opposed to on the day of joining and after relocating to my current city with my family and house. They had added a couple of additional clauses in the appointment letter which were not acceptable to me. While I objected to these additions, I was told to "shut up and sign" since I did not have a choice. I was hesitant to quit immediately because I had relocated, secured a house, arranged admission for my child, etc.
Another reason was the treatment of a couple of other employees who resigned around the same time I joined. None of them had an easy exit. They were made to jump through hoops and had a tough exit. It is a known fact that employees leaving this organization are ill-treated.
Additional Clauses in Appointment Letter
The following were the additional clauses included against my will, which were never discussed with me:
1. You shall not, for a period of 3 months after leaving the company, join any direct or indirect competitor in any capacity, including as an employee, consultant, agent, or otherwise.
2. You shall not engage with any direct or indirect client for a period of 6 months after leaving the company.
I believe these clauses are quite unreasonable since they directly affect my profession and livelihood. I am unsure of the ramifications of these clauses because I will need to find work elsewhere.
Observations on Appointment Letter
After reviewing my appointment letter in detail, I have the following observations:
1. There is no definition for "pay." I believe I will need to get this clarified by the finance department/HR.
2. The person who signed my appointment letter was the head of HR and is no longer with the organization. I am unsure if the person was the authorized signatory because he was not allowed to sign other company-related matters or contracts.
If things escalate, I may need to consult a lawyer. However, I am considering drafting another letter highlighting key points such as the relieving date, payment for buying out the notice period, and a request to limit my duties to routine assignments that can be completed on a daily basis with limited or no client interaction. I hope this should be sufficient.
Please let me know if you have any suggestions or advice.
Thank you.
Kind Regards,
Prakash
Hi, You have been correctly advised by Ryan to check your appointment letter to determine what constitutes "pay." Normally, it includes basic pay plus DA. However, you should verify this. It is important to retain a hard copy of the resignation letter for future reference.
In such matters, it is crucial to make your intentions clear to the organization. You have the right to terminate the contract by resigning from service. The employer can, at most, compel you to pay the notice period. You can input actual attendance for the period you are willing to work, and the rest can be adjusted against the payment you should make. The employer must know the date from which you will stop attending work, and you should adhere to your written communication.
Please avoid accepting any new responsibilities and stand firm on your position. If the employer threatens you with legal action, be prepared to defend your case. As mentioned earlier, you have the right to terminate your contract, and any hasty action by the employer can be well defended. Do consult a competent lawyer.
Cyril
From India, Mumbai
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Another reason was the treatment of a couple of other employees who resigned around the same time I joined. None of them had an easy exit. They were made to jump through hoops and had a tough exit. It is a known fact that employees leaving this organization are ill-treated.
Additional Clauses in Appointment Letter
The following were the additional clauses included against my will, which were never discussed with me:
1. You shall not, for a period of 3 months after leaving the company, join any direct or indirect competitor in any capacity, including as an employee, consultant, agent, or otherwise.
2. You shall not engage with any direct or indirect client for a period of 6 months after leaving the company.
I believe these clauses are quite unreasonable since they directly affect my profession and livelihood. I am unsure of the ramifications of these clauses because I will need to find work elsewhere.
Observations on Appointment Letter
After reviewing my appointment letter in detail, I have the following observations:
1. There is no definition for "pay." I believe I will need to get this clarified by the finance department/HR.
2. The person who signed my appointment letter was the head of HR and is no longer with the organization. I am unsure if the person was the authorized signatory because he was not allowed to sign other company-related matters or contracts.
If things escalate, I may need to consult a lawyer. However, I am considering drafting another letter highlighting key points such as the relieving date, payment for buying out the notice period, and a request to limit my duties to routine assignments that can be completed on a daily basis with limited or no client interaction. I hope this should be sufficient.
Please let me know if you have any suggestions or advice.
Thank you.
Kind Regards,
Prakash
Hi, You have been correctly advised by Ryan to check your appointment letter to determine what constitutes "pay." Normally, it includes basic pay plus DA. However, you should verify this. It is important to retain a hard copy of the resignation letter for future reference.
In such matters, it is crucial to make your intentions clear to the organization. You have the right to terminate the contract by resigning from service. The employer can, at most, compel you to pay the notice period. You can input actual attendance for the period you are willing to work, and the rest can be adjusted against the payment you should make. The employer must know the date from which you will stop attending work, and you should adhere to your written communication.
Please avoid accepting any new responsibilities and stand firm on your position. If the employer threatens you with legal action, be prepared to defend your case. As mentioned earlier, you have the right to terminate your contract, and any hasty action by the employer can be well defended. Do consult a competent lawyer.
Cyril
From India, Mumbai
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Hi Prakash,
It appears you had to sign on the dotted lines. Do not worry, just remain firm on your decision and quit on the day your notice expires. You may send a crossed cheque for the amount to cover the period of the remaining notice period. Hold on to the hard copy of your resignation with the date on it. Your employer may try to deliberately implicate you on one pretext or the other. However, you could safely defend these on the plea that it is a deliberate attempt to harass you. Remember, you are not a bonded laborer and are free to move out. Likewise, the employer is also free to terminate you if he is not satisfied with your performance.
Please avoid giving too many things in writing, as you may make a slip. Your notice pay should comprise Basic plus DA. However, consult the HR department for any clarification.
There are many employers who get jittery when the employees want to leave them and try out different means to stop them until it suits them.
Remain focused, do not enter into any arguments, do not share your plans with your co-workers. Once the notice period expires, just stop attending your office.
Regards,
Cyril
From India, Nagpur
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It appears you had to sign on the dotted lines. Do not worry, just remain firm on your decision and quit on the day your notice expires. You may send a crossed cheque for the amount to cover the period of the remaining notice period. Hold on to the hard copy of your resignation with the date on it. Your employer may try to deliberately implicate you on one pretext or the other. However, you could safely defend these on the plea that it is a deliberate attempt to harass you. Remember, you are not a bonded laborer and are free to move out. Likewise, the employer is also free to terminate you if he is not satisfied with your performance.
Please avoid giving too many things in writing, as you may make a slip. Your notice pay should comprise Basic plus DA. However, consult the HR department for any clarification.
There are many employers who get jittery when the employees want to leave them and try out different means to stop them until it suits them.
Remain focused, do not enter into any arguments, do not share your plans with your co-workers. Once the notice period expires, just stop attending your office.
Regards,
Cyril
From India, Nagpur
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Thank you so much for the email and support. I checked with HR this morning. The notice pay is surprisingly based on the total gross and not basic + DA. When I mentioned that it should be on the Basic plus DA, they argued that it is usually for government sector employees and not for the private sector. Is there any rule or guideline book that can be referred to for clarity on this point?
Kind Regards,
Prakash
From India, Mumbai
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Kind Regards,
Prakash
From India, Mumbai
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In my understanding, there is no law about this, but the principles of equal justice should be maintained. Please ask your HR for a written policy about the recovery of the notice period. You can cross-check with ex-employees and the finance team who will actually do the calculation and deduction.
Also note, by this logic they have given you, if the organization were to ask you to leave, then they should also have to pay you the gross salary and not just the basic plus DA. Ask your HR to confirm this too, and cross-verify with your appointment letter clauses.
Regards,
From India, Mumbai
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Also note, by this logic they have given you, if the organization were to ask you to leave, then they should also have to pay you the gross salary and not just the basic plus DA. Ask your HR to confirm this too, and cross-verify with your appointment letter clauses.
Regards,
From India, Mumbai
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Forwarding Resignation Email for Immediate Action
Please forward the earlier email to the HR head with the subject as indicated. Also, mark Bcc to the Operational and Administrative Heads, as well as to your personal email address as provided in the personal details section.
In the email, state:
"Sir, I have submitted my resignation letter via email dated _______ to the Operational and Administrative Heads. I am in an emergency situation that requires me to relocate immediately (State reason). As I am yet to receive the acceptance of my resignation letter, I am hereby forwarding it to request immediate acceptance and acknowledgment within 5 working days. Kindly relieve me within 45 days from the date of the initial resignation letter submitted on (earlier date) and waive the 45 days notice period. I am willing to pay the due Basic Salary of 45 days by the prescribed mode instructed by you."
If the HR department fails to respond promptly, legal action may be taken by sending a notice to the entire team and pursuing legal action, including lodging a criminal complaint.
Thank you.
From India, Chennai
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Please forward the earlier email to the HR head with the subject as indicated. Also, mark Bcc to the Operational and Administrative Heads, as well as to your personal email address as provided in the personal details section.
In the email, state:
"Sir, I have submitted my resignation letter via email dated _______ to the Operational and Administrative Heads. I am in an emergency situation that requires me to relocate immediately (State reason). As I am yet to receive the acceptance of my resignation letter, I am hereby forwarding it to request immediate acceptance and acknowledgment within 5 working days. Kindly relieve me within 45 days from the date of the initial resignation letter submitted on (earlier date) and waive the 45 days notice period. I am willing to pay the due Basic Salary of 45 days by the prescribed mode instructed by you."
If the HR department fails to respond promptly, legal action may be taken by sending a notice to the entire team and pursuing legal action, including lodging a criminal complaint.
Thank you.
From India, Chennai
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