My company wants my resignation, and they don't want me to serve a notice period. They will pay me for a two-month notice period, but they haven't given me anything written. If I don't do as they say, they will terminate me for any reason. Please help me. Should I resign and not serve the notice period? After I resign, can they terminate me?
From India, Pune
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From India, Pune
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All these depend on the HR culture of the organization. Normally, if a person is asked to resign with an offer of notice pay, they will not initiate termination from their side. This is because termination shall always lead to unpleasant situations for the company. Termination can be challenged by the employee when it is not as per the procedures laid down by the law. Therefore, under normal circumstances, the employer will not terminate an employee but will ask the employee to tender resignation. And there will not be any written communication for this. In your case, they have offered two months' salary also. It should be understood that they will pay it and relieve you.
Is there any risk in accepting the resignation and relieving immediately? Yes, there is a risk. The relieving letter will have the resignation date and the relieving date. When you have the same date or a date of one or two days, it would give an impression that you were asked to go by the employer. When you go to a future employer, the certificate of service or the relieving letter issued by this employer could be read as "relieved immediately, without allowing to serve notice period" and they can ask you, why were you relieved immediately without notice? You can say that the project in which you were working ended and you wanted to move to some other organization but in between you needed time/a space to breathe, etc., and therefore, you requested early relieving and they did so. This would be a satisfactory answer if you have an offer in your hands, but not convincing for all the HRs.
So long as you are okay with the above, there is nothing wrong in submitting the resignation. After all, if the employer does not want you, why should you remain there?
From India, Kannur
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4483Is there any risk in accepting the resignation and relieving immediately? Yes, there is a risk. The relieving letter will have the resignation date and the relieving date. When you have the same date or a date of one or two days, it would give an impression that you were asked to go by the employer. When you go to a future employer, the certificate of service or the relieving letter issued by this employer could be read as "relieved immediately, without allowing to serve notice period" and they can ask you, why were you relieved immediately without notice? You can say that the project in which you were working ended and you wanted to move to some other organization but in between you needed time/a space to breathe, etc., and therefore, you requested early relieving and they did so. This would be a satisfactory answer if you have an offer in your hands, but not convincing for all the HRs.
So long as you are okay with the above, there is nothing wrong in submitting the resignation. After all, if the employer does not want you, why should you remain there?
From India, Kannur
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Ma'am, they want me to resign without serving the notice period. They say, "We will pay you the notice period amount, but you will not serve the notice period," and this thing they don't give me in writing. I am ready for resignation and want to also serve the notice period so that I get my notice period amount.
From India, Pune
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From India, Pune
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That was clearly mentioned in my reply. Please read it again. Now, please understand the meaning and purpose of the notice period. Notice period from either side is the period required for an employee to find alternative employment or for an employer to find a replacement. In lieu of serving the notice period, either party shall pay an amount equal to the salary of the notice period. The basic purpose of paying notice pay to an employee is that, even if he is jobless for two months, notice period, he can survive. Your employer is ready to pay it, as you said.
You said, "I am ready for resignation and want to also serve the notice period so that I get my notice period amount," and this means that you want to serve the notice period because you will get the notice period amount. The notice period amount means the salary that you will earn by working during the notice period and nothing else. The two months' salary offered by the employer will also satisfy the pecuniary interest. Then why shouldn't you resign and get relieved? I have listed the risks associated with early relieving. If you are not concerned about it, or if you get a service certificate without mentioning the date of resignation, then there is nothing to worry.
From India, Kannur
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You said, "I am ready for resignation and want to also serve the notice period so that I get my notice period amount," and this means that you want to serve the notice period because you will get the notice period amount. The notice period amount means the salary that you will earn by working during the notice period and nothing else. The two months' salary offered by the employer will also satisfy the pecuniary interest. Then why shouldn't you resign and get relieved? I have listed the risks associated with early relieving. If you are not concerned about it, or if you get a service certificate without mentioning the date of resignation, then there is nothing to worry.
From India, Kannur
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