Hello all,
I sent my resignation to my manager four days ago, stating a three-week notice period. However, my manager is not ready to release me from the project. He asked for negotiations, but I denied. Now he is saying that, as per the company policy, he can officially ask me to give a three-month notice period. I checked my offer letter, and it says, "either party can terminate the employment either by giving a three-month notice period or payment of basic pay in lieu of such notice to the other party." I informed my manager about this, but he said it does not matter; as per policy, it's three months.
I have not received any resignation acceptance letter yet. What should I do now? Any suggestions.
- Sriram
From United States, Summit
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I sent my resignation to my manager four days ago, stating a three-week notice period. However, my manager is not ready to release me from the project. He asked for negotiations, but I denied. Now he is saying that, as per the company policy, he can officially ask me to give a three-month notice period. I checked my offer letter, and it says, "either party can terminate the employment either by giving a three-month notice period or payment of basic pay in lieu of such notice to the other party." I informed my manager about this, but he said it does not matter; as per policy, it's three months.
I have not received any resignation acceptance letter yet. What should I do now? Any suggestions.
- Sriram
From United States, Summit
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Hi Sriram,
Welcome to the citehr!
"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 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 employment by giving 3 months' notice period or payment of basic pay in lieu of such notice to the other party." I told my manager about this, but he said it does not matter; as per policy, it's 3 months. I did not receive any resignation acceptance letter yet. What should I do now? Any suggestions.
Well, you must be a really good performer. Your offer letter terms regarding the termination of employment clearly demarcate your rights. You reserve the right to pay out three months' basic pay or serve three months. I suggest that you convey the same in writing, taking the reference of your offer letter, and get the acknowledgment of the same. Reiterate the facts and ask for the status of your resignation. I am sure your boss is buying time, but eventually, he has to accede to your request. Good luck.
Rajat
From India, Pune
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108Welcome to the citehr!
"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 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 employment by giving 3 months' notice period or payment of basic pay in lieu of such notice to the other party." I told my manager about this, but he said it does not matter; as per policy, it's 3 months. I did not receive any resignation acceptance letter yet. What should I do now? Any suggestions.
Well, you must be a really good performer. Your offer letter terms regarding the termination of employment clearly demarcate your rights. You reserve the right to pay out three months' basic pay or serve three months. I suggest that you convey the same in writing, taking the reference of your offer letter, and get the acknowledgment of the same. Reiterate the facts and ask for the status of your resignation. I am sure your boss is buying time, but eventually, he has to accede to your request. Good luck.
Rajat
From India, Pune
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If your contract of employment says "three months' notice for termination or resignation," you have complied with the condition. You can stop going to work and forget about it. Legally, the employer cannot take any action in the matter. This is the legal position.
However, you may want a certificate from the employer for the period you have worked or may need to mention your past experience while applying for a job. In that event, a back reference is normally made to your employer, and hence you may wish to maintain "good relations." In that case, you have to be a little more tactful in dealing with the matter so that you receive a good certificate.
If you are not concerned about the condition in paragraph 2, just forget about your employer as legally you are not their employee from the date of the expiry of the notice period.
Cyril
From India, Nagpur
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However, you may want a certificate from the employer for the period you have worked or may need to mention your past experience while applying for a job. In that event, a back reference is normally made to your employer, and hence you may wish to maintain "good relations." In that case, you have to be a little more tactful in dealing with the matter so that you receive a good certificate.
If you are not concerned about the condition in paragraph 2, just forget about your employer as legally you are not their employee from the date of the expiry of the notice period.
Cyril
From India, Nagpur
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Yesterday, when I talked with the manager, he said he won't give me an experience letter. My question is, can I legally force him to provide me with an experience letter? My contract clearly states a 3-month notice period or basic pay. Can I request him to deduct my basic pay for 3 months from the final settlement and give me the experience letter?
- Sriram
From United States, Summit
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- Sriram
From United States, Summit
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Hi Sri Ram,
Your contract states, "either party can terminate the employment either by giving a 3-month notice period or payment of basic pay in lieu of such notice to the other party." In this case, it depends on the project you are handling. If you are the only one capable of completing the task and nobody else is trained in that project, then I believe the employer has the legal right to reject your request. However, if there is no reason for him to hold you, then you should pay him in lieu of the notice period and request him to accept your resignation letter. If he still does not want to accept your resignation, you may walk out of the company on "Constructive Dismissal" and file a claim at the nearest Industrial Relations Office.
Please note that the legal requirements for different countries may vary.
Thank you.
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Your contract states, "either party can terminate the employment either by giving a 3-month notice period or payment of basic pay in lieu of such notice to the other party." In this case, it depends on the project you are handling. If you are the only one capable of completing the task and nobody else is trained in that project, then I believe the employer has the legal right to reject your request. However, if there is no reason for him to hold you, then you should pay him in lieu of the notice period and request him to accept your resignation letter. If he still does not want to accept your resignation, you may walk out of the company on "Constructive Dismissal" and file a claim at the nearest Industrial Relations Office.
Please note that the legal requirements for different countries may vary.
Thank you.
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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 anything. If you have paid three months' salary in lieu of notice, then also, you have complied with the legal terms, and he cannot do anything.
The best course is to tell your employer the factual position that although you have worked at a place, you cannot provide the certificate. Normally, the new employer should be satisfied with the explanation. Legally, you CANNOT insist that the past employer should give you a GOOD CHIT.
Cyril
From India, Nagpur
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The best course is to tell your employer the factual position that although you have worked at a place, you cannot provide the certificate. Normally, the new employer should be satisfied with the explanation. Legally, you CANNOT insist that the past employer should give you a GOOD CHIT.
Cyril
From India, Nagpur
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Hi Bohari,
My employer is saying that he is not able to find any replacement for me to take handover, and that's why he wants me to complete all work, deliver, and then leave after 3 months. As per your reply, you said if there is nobody who knows my work, then the employer has the 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, you should stay until he gets somebody.
Thanks.
Sriram
From United States, Summit
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My employer is saying that he is not able to find any replacement for me to take handover, and that's why he wants me to complete all work, deliver, and then leave after 3 months. As per your reply, you said if there is nobody who knows my work, then the employer has the 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, you should stay until he gets somebody.
Thanks.
Sriram
From United States, Summit
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Please understand what I am saying:
Your employer has to relieve you after a 3-month notice or on your paying 3 months' salary in lieu of notice, provided it is mentioned in your contract of employment.
After you have complied with the condition in paragraph 1, you can forget about your employer as the employer-employee relationship ceases to exist.
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 you are joining can be explained the situation if they ask for your previous employer's certificate.
You have to assess the whole situation and make a decision.
Cyril
From India, Nagpur
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Your employer has to relieve you after a 3-month notice or on your paying 3 months' salary in lieu of notice, provided it is mentioned in your contract of employment.
After you have complied with the condition in paragraph 1, you can forget about your employer as the employer-employee relationship ceases to exist.
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 you are joining can be explained the situation if they ask for your previous employer's certificate.
You have to assess the whole situation and make a decision.
Cyril
From India, Nagpur
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Dear Sriram,
It is always nice to talk to your boss or senior and clearly explain to him the reason for your departure, especially if it was not discussed during your exit interview. Then, assess what you are owed by the company and if the difference is minimal or within your reach, it is advisable to settle it and obtain a certificate. Your PF and other contributions will cover all other expenses that you would have to pay to them. In this matter, it is important to maintain a good relationship and be a better reference for the future.
Wishing you all the best.
From India, Mumbai
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It is always nice to talk to your boss or senior and clearly explain to him the reason for your departure, especially if it was not discussed during your exit interview. Then, assess what you are owed by the company and if the difference is minimal or within your reach, it is advisable to settle it and obtain a certificate. Your PF and other contributions will cover all other expenses that you would have to pay to them. In this matter, it is important to maintain a good relationship and be a better reference for the future.
Wishing you all the best.
From India, Mumbai
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Withdrawl of Resignation and Notice period.doc
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