Legal Question in Employment Law in India
Hi,
I was working with XL DYNAMICS INDIA PVT. LTD which is located in Navi mumbai. I started working from 11 aug 2014 and as per my company policy the notice period to withdraw the service is 60 days. I have formally send the notice on 14 September 2015 which got accepted on 16th September. However i revoked my resignation as my Manager supervise me and told to rethink. So i reviked the resignation on around 20th September however that never got accepted by the HR. On October 9 I was called by the HR and asked to leave the company by signing the resignation letter. I was given 2 option one to resign and get nothing and the other to be terminated and get compensated. I was in dilemma and I sign the termination letter. So my query starts here if my revoking of resignation did not get accepted it means my notice period given to company still holds good so is the company have right to terminate me. Because the releiving letter which i got only says your services are no more longer required to this company under section 21 termination of service agreement. Can the comapny terminate me without a reason. I never got a warning for this nor a poor permormance letter in written. Also i would like to know if i m eligible to get my reliving letter gets corrected to voluntary resignation with compensation as i was fired without a reason and i am relieved before my my notice period last working day which is 16 November 2015.
1 Answer from Attorneys
02..11.2015
Dear Sir / Madam,
It is rightly said : "Think 100 times before resigning; and having resigned, never ever rethink your decision to resign". You should inform the Company that your notice period is still on and since the Company does not want you to serve the notice period, it should be treated as voluntary resignation with salary for the notice period not required to be served by you in the Company.
Regards,
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