Legal Question in Employment Law in India
Sir, I have tendered my resignation during my leave without pay period due to some untoward situation where i wont be able to serve my notice period and want my resignation to be accepted right away. i am also willing to pay the notice period dues for 3 months. but my institution is not accepting my resignation and says that i should serve the 3 months notice period and then only my resignation can be accepted. why cant they accept the notice period dues from me and let me resign?
1 Answer from Attorneys
21.10.2015
Dear Sir / Madam,
If the terms and conditions of your Appointment provide for serving notice period or payment of salary in lieu thereof, the Employer cannot legally compel and force you to serve the notice period. You are right in paying off the notice period salary to the Employer and getting relieved from your job. You should explain the reason(s) for your inability to serve the notice period to the Employer.
Regards,
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