Legal Question in Employment Law in India

I have resigned from my organisation with two months of notice. I have resigned on august 18th 2015 stating my last working day will be 17th october 2015. But as per my comanies policy notice period is 3 months. If the management agrees then I can be relieved even before that by paying my basic salary. My management didnt accept for 2 months of notice. they want me to surve three months of notice period and leave. That means till November 18th 2015. But I didnt recieve any mail confirmation for this. Now my doubt is if I go to office on 18th of october will they consider my resignation is cancelled as I my mentioned in the resignation letter as 17th october 2015 as my last day in the firm?? Please do provide a solution for this.


Asked on 9/27/15, 1:19 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

28.09.2015

Dear Sir / Madam,

From your query, I get a firm feeling that you are a bit hesitant and not sure and hence you are trying to keep your feet on two stones at the same time whilst crossing the stream. I have already advised earlier that the notice period as mentioned in your Appointment Letter will prevail. If the notice period in your Appointment Letter is two months, you will have to work and serve in the Company till 17th October, 2015 and accordingly if the notice period in your Appointment Letter is three months,you will have to serve till 17th November, 2015. If you quit earlier, you will have to pay the shortfall in the notice period i.e notice period not served by you (basic salary only) to the Company. Please do not be under the guise or hope that the Company will treat your resignation as cancelled under any circumstances. Be firm and stick to your last working date.

Regards,

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Answered on 9/28/15, 5:25 pm


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