I joined an MNC a few months ago and resigned after working there for four months due to mental harassment from my manager. I sent a resignation to HR and my manager on 29th February, mentioning all the details and informed them that I would be relieving my duties with immediate effect. I submitted the resignation on the company's exit tool as well, mentioning the reason for my resignation. I didn't go to the office after that.
On 15th April, I received a letter from HR, informing me that I had not been reporting to work since 29th February and disciplinary action would be taken if I did not resume my duties by 20th April. I replied, mentioning that I had already resigned and had no intention of joining back as I did not wish to be mentally harassed again.
After 20 days, I received another letter from HR stating that my services had been terminated from 26th February due to unauthorized absence from work. They also voided the resignation I initiated on the exit tool and started the termination process from their end. I am not expecting or needing any relieving or experience letter from them.
Question About Notice Period and Termination
My question is, since they terminated me based on unauthorized absence and not on the basis of my resignation, can they demand money in lieu of the notice period? This is a termination, not a resignation acceptance, as I resigned on 29th February, but they terminated the employment with effect from 26th February. Your help is appreciated.
From India, Delhi
Acknowledge(0)
Amend(0)
On 15th April, I received a letter from HR, informing me that I had not been reporting to work since 29th February and disciplinary action would be taken if I did not resume my duties by 20th April. I replied, mentioning that I had already resigned and had no intention of joining back as I did not wish to be mentally harassed again.
After 20 days, I received another letter from HR stating that my services had been terminated from 26th February due to unauthorized absence from work. They also voided the resignation I initiated on the exit tool and started the termination process from their end. I am not expecting or needing any relieving or experience letter from them.
Question About Notice Period and Termination
My question is, since they terminated me based on unauthorized absence and not on the basis of my resignation, can they demand money in lieu of the notice period? This is a termination, not a resignation acceptance, as I resigned on 29th February, but they terminated the employment with effect from 26th February. Your help is appreciated.
From India, Delhi
Acknowledge(0)Amend(0)
Resignation and Termination Process
Whatever the reasons are and however justifiable they may be, resignation as per the contract of employment is a two-way process: formal submission by the employee and unconditional approval by the employer. Harassment by a superior cannot be a valid reason justifying immediate resignation without any formal attempt at grievance redressal.
If factually correct, the management's action of immediately terminating an employee retroactively on the grounds of unauthorized absence, without providing any opportunity for explanation and without addressing the previously submitted resignation, will not withstand judicial scrutiny if challenged, nor will it entitle the employer to claim notice pay.
From India, Salem
Acknowledge(1)
Amend(0)
6109Whatever the reasons are and however justifiable they may be, resignation as per the contract of employment is a two-way process: formal submission by the employee and unconditional approval by the employer. Harassment by a superior cannot be a valid reason justifying immediate resignation without any formal attempt at grievance redressal.
If factually correct, the management's action of immediately terminating an employee retroactively on the grounds of unauthorized absence, without providing any opportunity for explanation and without addressing the previously submitted resignation, will not withstand judicial scrutiny if challenged, nor will it entitle the employer to claim notice pay.
From India, Salem
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Termination letter for absence.doc
Termination-emp loyment_563.pdf
Resignation Letter.jpg