Resigned during holiday week - company told me they could not provide me with any notice period

Hi all,

I resigned in the last week of December (the holiday period in this organization). As I have not been assigned to any project, the company told me they could not provide me with any notice period. In addition to that, the company is considering the last working day as 22nd Dec (before my resignation date), stating that we cannot provide payment for holidays.

What to do now?

Hi,

Please check your appointment order terms and conditions, especially the separation clause. If a one-month notice is mandatory, then your employer is obligated to either permit you to serve the one-month notice period or provide payment in lieu of the notice.

Additionally, the relieving date cannot precede the date of your resignation letter. I recommend discussing this matter with your HR department.

If you had resigned with a request to treat the resignation letter as "notice" of resignation and to relieve you on a future date as per company policy/terms of employment, then the management cannot refuse to pay holiday salary and relieve you without waiting for the future date mentioned in your letter. And if they relieve you earlier than the date you mentioned, the employer is bound to pay you notice pay treating it as early relieving. But in the present world where you have to face reports from background verification agencies, how can you defend an employer's decision of early relieving without paying salary or notice pay?

Now, if the employer quotes in the service letter that "Mr. XXX was relieved on 22/12/23 following his resignation dated 22/12/2023," it would mean that you were asked to put the papers due to some differences and it was not a voluntary act of resignation by you. If you approach the law enforcing authority, you may win but that victory may damage your career. Therefore, think, whether to lose a few days' salary or to lose a career?