I am working with an IT company for 11 months (i.e., since Jan 2nd, 2015). As per the agreement, after completing the minimum service period of 1 year, an employee is eligible to give a 60-day notice of termination. However, I submitted my resignation on Oct 9th, 2015. During our discussion, HR asked me to at least serve the bond period. But now they are telling me that I can’t submit my resignation during the bond period and are asking me to revoke the resignation and submit it on Jan 2nd, 2016, as per policy. They are now telling me that they can only relieve me on March 1st and have asked me to work from home, which will not be possible for me. I asked my manager to waive off my notice period as this is an emergency. He is telling me that his superior is not accepting it because the amount will be deducted from the BU Head Account, and he is not ready to bear the loss. I’m experiencing mental stress every day. Please advise me on this matter.
From India, Hyderabad
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From India, Hyderabad
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My view is that after serving the bond period, write a letter to your HR stating that you have completed your bond period as discussed earlier. Ask them to relieve you from service and also note the date of your submission of the resignation letter, which leads to the discussion in the letter. Mentioning this in the letter will make HR realize their words ("At least serve the bond period") during the discussion, and as a good HR professional, they will stand by their words.
Even if they insist on you serving the notice period, then pay for the notice period in lieu of serving it and relieve yourself from the company; this is legal according to the law. My point is that you are not liable to pay or serve the notice period because you submitted the resignation letter within one year, and due to the discussion with HR, you decided to serve the bond period. (State these two lines in your letter).
With regards,
Mr. Thumbs Up
From India, Chennai
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105Even if they insist on you serving the notice period, then pay for the notice period in lieu of serving it and relieve yourself from the company; this is legal according to the law. My point is that you are not liable to pay or serve the notice period because you submitted the resignation letter within one year, and due to the discussion with HR, you decided to serve the bond period. (State these two lines in your letter).
With regards,
Mr. Thumbs Up
From India, Chennai
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Withdrawl of Resignation and Notice period.doc
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