Hello All, I joined a company in October 2020, and my notice period is two months. I resigned on 22nd April 2021 and asked my company to relieve me by 15th May 2021, stating that I'm ready to pay for the notice period days I will not serve. They haven't accepted my resignation and have kept my salary on hold. They told me they would proceed legally. I haven't signed any bond, only the appointment letter. Please see below what was mentioned in the appointment letter and advise.
Termination of Contract:
Termination of employment by either party will be by giving two months' notice in writing to the other, subject, however, to the company's right to pay two months' basic salary in lieu of such notice to you. Further, in the event of your giving notice of termination shorter than the above period of two months, the company shall have at its own discretion the right to adjust any leave due to you and/or recover from you such amounts towards notice pay for the shortfall in the period of notice.
The company and/or the employee may at its sole discretion terminate the contract of employment without notice by giving two months' prior intimation. In case of no intimation, the services can be terminated by either party by paying two months' basic salary. In the event of termination, as provided hereinabove, all benefits/perquisites/allowances shall stand forfeited immediately, and you will only receive any statutory benefits as applicable to you on the date of your termination.
From India, Chennai
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Termination of Contract:
Termination of employment by either party will be by giving two months' notice in writing to the other, subject, however, to the company's right to pay two months' basic salary in lieu of such notice to you. Further, in the event of your giving notice of termination shorter than the above period of two months, the company shall have at its own discretion the right to adjust any leave due to you and/or recover from you such amounts towards notice pay for the shortfall in the period of notice.
The company and/or the employee may at its sole discretion terminate the contract of employment without notice by giving two months' prior intimation. In case of no intimation, the services can be terminated by either party by paying two months' basic salary. In the event of termination, as provided hereinabove, all benefits/perquisites/allowances shall stand forfeited immediately, and you will only receive any statutory benefits as applicable to you on the date of your termination.
From India, Chennai
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Dear Urspranu,
An employee's future career often depends on the peaceful and formal completion of the resignation process from their current job. Sometimes, employers may hesitate to accept resignations immediately due to practical difficulties such as the importance of the resigning employee's position, the sudden nature of the resignation with short notice making finding a suitable replacement challenging, among other reasons. Your resignation will take effect from a future date, contingent upon fulfilling the notice conditions outlined in the appointment letter. You are currently serving the notice period in anticipation of your resignation being accepted.
In the event that your employer is not accepting your resignation but also not releasing you while you are serving the remaining notice period, it appears contradictory to the exit clause in the appointment letter. It is advisable to politely raise this matter with your employer and request to be relieved on 15-05-2021 after adjusting your salary for the unserved notice period.
If this approach proves unsuccessful, you may consider leaving on the evening of 15-05-2021 after providing advance notice, documenting the situation without waiving your legal right to claim any withheld salary or dues. This alternative seems to be the most viable course of action in such circumstances.
Thank you.
From India, Salem
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6108An employee's future career often depends on the peaceful and formal completion of the resignation process from their current job. Sometimes, employers may hesitate to accept resignations immediately due to practical difficulties such as the importance of the resigning employee's position, the sudden nature of the resignation with short notice making finding a suitable replacement challenging, among other reasons. Your resignation will take effect from a future date, contingent upon fulfilling the notice conditions outlined in the appointment letter. You are currently serving the notice period in anticipation of your resignation being accepted.
In the event that your employer is not accepting your resignation but also not releasing you while you are serving the remaining notice period, it appears contradictory to the exit clause in the appointment letter. It is advisable to politely raise this matter with your employer and request to be relieved on 15-05-2021 after adjusting your salary for the unserved notice period.
If this approach proves unsuccessful, you may consider leaving on the evening of 15-05-2021 after providing advance notice, documenting the situation without waiving your legal right to claim any withheld salary or dues. This alternative seems to be the most viable course of action in such circumstances.
Thank you.
From India, Salem
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Withdrawl of Resignation and Notice period.doc
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