Legal Question in Employment Law in India

Notice Period Resignation

I have a problem relating to resgination. I have given my resignation on 20th Jun 2016. Cause of getting harresd by my Repoting boss, As per the employment terms, on resignation, there would be a notice period of 3 months or 3 months notice pay on either side after Confirmation. But as per Comapnys apoitement letter it is clearly mention Employee confirmation will be intimated or communicated to employee in writing,

And Comapnys systeam showing 3 months Notice Without Information to me in writing. I have accordingly requested the management to relieve me at 20 days notice (so as not to be unreasonable) following which i would be paying the balance notice period amount. However, they now claim that the management will decide whether or not to relieve the employee before three months.

When I have put them mail also and they have verbally told that do whatever you want to do but you have to serve 3 months Notice.

It is like harasement for me from my reporting boss,

The reason cited is that they donot have a replacement.

When i went to HR they did not intrupted in matter saying that Repoting boss's desision is final to aceept we cant do anthing.

However that is not a part of the employment terms. Can I contest and give them a show cause as to why i cannot be relieved before the 3 month notice?

If I am ready to pay balnce notice period.


Asked on 6/24/16, 1:54 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.06.2016

Dear Sir / Madam,

The notice period of 20 days given by you to the Company is fair enough for you to complete all pending assignments and handover charge to the Company. Whether the Company gets a replacement or not for your position is not your lookout. The Company has no legal right to compel or force you to serve the full notice period of 3 months, since you are ready to pay the salary for the notice period not served by you to the Company. You should straightaway issue a letter to the Company informing them of your last working day requesting them to waive off the notice period salary recovery and pay and settle your full and final dues to you on the last working day.

Regards,

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Answered on 6/24/16, 6:28 pm

1) Send a letter to the Company stating u r ready to pay for the notice period in lieu of notice

and as them to issue full and final settlement letter after taking charge.

2) Whether or not a substitute is available is the look out of the Company not urself.

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Answered on 6/25/16, 3:16 am


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