I wanted to resign from my last company as I got a good job offer. According to my appointment letter, I had to serve a one-month notice period if I wished to leave the company during the probation period. Before submitting my resignation letter, I asked the HR Manager about the notice period and conveyed that I would be able to give only a 10-day notice period. I suggested that the remaining notice period days could be adjusted by deducting my salary. Initially, he agreed and told me to submit the resignation letter, assuring me they would handle the situation. I then submitted my resignation letter and mentioned the notice period days.
After three days, the HR Manager informed me that he had discussed the matter with my reporting Manager and the Chief HR Manager. They decided they could not adjust my salary in lieu of the notice period (i.e., 10 days notice period and 20 days salary deduction), and I must complete my one-month period. The problem is, if I wait to complete my notice period, I will lose my new job as I have to join my new company on the 11th day.
As I decided, I joined my new company and wrote a letter to my old company to adjust my remaining notice period days with my salary. However, they are now replying with the following statement:
"You are hereby informed that your request contained therein cannot be considered. You are therefore advised to resume duty immediately and serve your one month's notice period as mentioned in the Acceptance of Resignation letter. Failure on your part to resume duty as aforesaid would compel the Management to take action as deemed fit, which may tarnish your image. The said action would be at your cost and consequences, which please note."
Please help with what to do.
Thanks
From India, Pune
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After three days, the HR Manager informed me that he had discussed the matter with my reporting Manager and the Chief HR Manager. They decided they could not adjust my salary in lieu of the notice period (i.e., 10 days notice period and 20 days salary deduction), and I must complete my one-month period. The problem is, if I wait to complete my notice period, I will lose my new job as I have to join my new company on the 11th day.
As I decided, I joined my new company and wrote a letter to my old company to adjust my remaining notice period days with my salary. However, they are now replying with the following statement:
"You are hereby informed that your request contained therein cannot be considered. You are therefore advised to resume duty immediately and serve your one month's notice period as mentioned in the Acceptance of Resignation letter. Failure on your part to resume duty as aforesaid would compel the Management to take action as deemed fit, which may tarnish your image. The said action would be at your cost and consequences, which please note."
Please help with what to do.
Thanks
From India, Pune
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See, there are two things here:
1) If there is communication via mail or any other means confirming that HR has accepted your request, then you can do whatever you like.
2) If not, you will be committing a breach of contract. In this case, the court may award reasonable damages, which could be equal to 20 days' salary or more or less.
Please review to see if you have any other information written.
From India, Kolkata
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1801) If there is communication via mail or any other means confirming that HR has accepted your request, then you can do whatever you like.
2) If not, you will be committing a breach of contract. In this case, the court may award reasonable damages, which could be equal to 20 days' salary or more or less.
Please review to see if you have any other information written.
From India, Kolkata
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Withdrawl of Resignation and Notice period.doc
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