Hello All,
I sent my resignation to my Manager 4 days back stating the 3 weeks notice period. But my manager is not ready to release me from the project. He asked for the negotiations but I denied. Now he is saying that as per the company policy he can officially ask me to give 3 months notice period. I checked my offer letter and it says "either party can terminate the employement either by giving 3 months notice period or payment of basic pay in lieu of such notice to other party". I told my manager about this but he said it does not matter, as per policy its 3 months.
I did not receieve any resignation acceptance letter yet. What should I do now? Any suggestions.
- sriram
From United States, Summit
I sent my resignation to my Manager 4 days back stating the 3 weeks notice period. But my manager is not ready to release me from the project. He asked for the negotiations but I denied. Now he is saying that as per the company policy he can officially ask me to give 3 months notice period. I checked my offer letter and it says "either party can terminate the employement either by giving 3 months notice period or payment of basic pay in lieu of such notice to other party". I told my manager about this but he said it does not matter, as per policy its 3 months.
I did not receieve any resignation acceptance letter yet. What should I do now? Any suggestions.
- sriram
From United States, Summit
Hi Sriram,
Welcome to the citehr!!..
Well..you must be really good performer...
Your offer letter terms regarding the termination of employment clearly demarcates your rights...you reserve the right to pay out three month's basic pay or serve three months..
Suggest that you convey the same in writing -taking the reference of your offer letter and get the acknowldgement of the same. Reiterate the facts & ask for the status of your resignation.
Am sure your boss is buying time..but eventually he has to accede to your request...
Good luck..
Rajat
From India, Pune
101Welcome to the citehr!!..
Well..you must be really good performer...
Your offer letter terms regarding the termination of employment clearly demarcates your rights...you reserve the right to pay out three month's basic pay or serve three months..
Suggest that you convey the same in writing -taking the reference of your offer letter and get the acknowldgement of the same. Reiterate the facts & ask for the status of your resignation.
Am sure your boss is buying time..but eventually he has to accede to your request...
Good luck..
Rajat
From India, Pune
If your contract of employment says " three months notice for termination or resignation" you have complied with the condition. You can stiop going to the work and forget about it. Legally the employer cannot take any action in the matter. This is the legal position.
However, you may be wanting a certificate from the employer for the period you have worked, or must have mentioned about your past experience, while applying for a job. In that event, back reference is normally made to your employer, and hence you may want to continue your "good relations". In that event, you have to be a little more tactful in dealing with the matter so that you get a good certificate.
If you are not worried about condition at para 2, just forget your employer as legally you are not his employee from the date of expiry of notice period.
Cyril
From India, Nagpur
However, you may be wanting a certificate from the employer for the period you have worked, or must have mentioned about your past experience, while applying for a job. In that event, back reference is normally made to your employer, and hence you may want to continue your "good relations". In that event, you have to be a little more tactful in dealing with the matter so that you get a good certificate.
If you are not worried about condition at para 2, just forget your employer as legally you are not his employee from the date of expiry of notice period.
Cyril
From India, Nagpur
Y'day when I talked with the manager he said hw wont give me experience letter. But my question is Legally cannt I force him to give me experience letter? My contract clearly says 3 months notice period or basic pay....Cannt I ask him to deduct my basic pay for 3 months from the final settlemenet and give me experience letter.
- Sriram
From United States, Summit
- Sriram
From United States, Summit
Hi Sri Ram,
You contract says "either party can terminate the employement either by giving 3 months notice period or payment of basic pay in lieu of such notice to other party". In this case it depends on the project that you are handling. If you are the only one that is capable to complete the task and nobody else is trained in that project, thus I believe that the employer has the legal right to reject your request. However, if there is no reason for him to hold you, than you should pay him in lieu of the notice period and request him for the acceptance of your resignation letter.
If he still does not want to accept your resignation than you may walk out of the company on "Constructive Dismissal" and file a claim at the nearest Industrial Relation Office.
Take note the legal requirement for different countries may vary.
Thank you.
You contract says "either party can terminate the employement either by giving 3 months notice period or payment of basic pay in lieu of such notice to other party". In this case it depends on the project that you are handling. If you are the only one that is capable to complete the task and nobody else is trained in that project, thus I believe that the employer has the legal right to reject your request. However, if there is no reason for him to hold you, than you should pay him in lieu of the notice period and request him for the acceptance of your resignation letter.
If he still does not want to accept your resignation than you may walk out of the company on "Constructive Dismissal" and file a claim at the nearest Industrial Relation Office.
Take note the legal requirement for different countries may vary.
Thank you.
The experience certificate will be of no help to you as he might make a negative comment about your work. You must not forget, that he is not happy about your leaving the job. Salary deduction/payment is immaterial. However, on the expiry of 3 months notice he cannot do any thing. If you have paid three months salary in liew of notice, then also, you have complied with the legal terms and he cannot do any thing.
The best course is to tell your employer the factual position that although you have worked at a place you cannot give the certificate.
Normally, the new employer should be satisfied with the explanation.
Legally, you CANNOT insist that the past employer should give you GOOD CHIT.
Cyril
From India, Nagpur
The best course is to tell your employer the factual position that although you have worked at a place you cannot give the certificate.
Normally, the new employer should be satisfied with the explanation.
Legally, you CANNOT insist that the past employer should give you GOOD CHIT.
Cyril
From India, Nagpur
hi bohari,
My employer is saying that he is not able to find any replacement for me to take handover and thats why he wants me to complete all work, deliver and then leave...that is after 3 months.
As per your reply you said if there is no body who knows my work then employer has legal right to deny my resignation request. Is it true? In that case my employer can always say that as there is no one right now to take your handover u should stay till he get somebody.
Thanks.
Sriram
From United States, Summit
My employer is saying that he is not able to find any replacement for me to take handover and thats why he wants me to complete all work, deliver and then leave...that is after 3 months.
As per your reply you said if there is no body who knows my work then employer has legal right to deny my resignation request. Is it true? In that case my employer can always say that as there is no one right now to take your handover u should stay till he get somebody.
Thanks.
Sriram
From United States, Summit
Please understand what I am saying:
1. Your employer has to relieve you after 3 month notice or on your paying 3 months salary in lieu of notice, provided it is mentioned in your contract of employment.
2. After you have complied with the condition at para 1, you can forget about your employer as the employer-employee relationship seizes to exist.
3. The employer may not give you a good service certificate, if your relations have been strained and you should be prepared to do without it. Normally, the new employer whom you are joining, can be explained the situation, if he asks for you previous emplyer's certificate.
4. You have to assess the whole situation and take adecision.
Cyril
From India, Nagpur
1. Your employer has to relieve you after 3 month notice or on your paying 3 months salary in lieu of notice, provided it is mentioned in your contract of employment.
2. After you have complied with the condition at para 1, you can forget about your employer as the employer-employee relationship seizes to exist.
3. The employer may not give you a good service certificate, if your relations have been strained and you should be prepared to do without it. Normally, the new employer whom you are joining, can be explained the situation, if he asks for you previous emplyer's certificate.
4. You have to assess the whole situation and take adecision.
Cyril
From India, Nagpur
Dear Sriram,
It always nice to talk to your boss/senour, and clearly explain him about the reason of your leaving (If it discussed with in your exit interview If not) then See how you are owning from company and how much dues, If you find the difference is minimal of within your reach then it is advisable to pay and take certificate because your PF and other contribution will care of all other expence(which you willpay to them ) in this matter you have to be in good book also a beeter reference for future.
Wish you all the best
From India, Mumbai
It always nice to talk to your boss/senour, and clearly explain him about the reason of your leaving (If it discussed with in your exit interview If not) then See how you are owning from company and how much dues, If you find the difference is minimal of within your reach then it is advisable to pay and take certificate because your PF and other contribution will care of all other expence(which you willpay to them ) in this matter you have to be in good book also a beeter reference for future.
Wish you all the best
From India, Mumbai
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