I have a notice period of 3 months in my offer letter, and there have been no changes to it either verbally or through email. Last week, I submitted my resignation, and now I am being informed that tomorrow will be my last working day. I have read various responses provided on behalf of HR regarding similar situations. As the distinction between HR policies and legal procedures becomes less clear, I am seeking advice on whether I can legally challenge my company for deception or misinformation.
HR's Offer and Notice Period Concerns
HR stated that they could offer 2 months of remuneration in case of termination, which is not applicable in my case as I have voluntarily resigned. If a 3-month notice period is considered excessive, the company should not have altered its policies accordingly. However, upon my resignation, they seem eager to expedite my departure. It is important to note that there are no grounds related to behavior or performance justifying this urgency.
Impact of Misleading Information
The misleading information regarding the notice period has led to me being sidelined for a significant period, resulting in a stain on my career, financial losses, and emotional distress. I have attached an excerpt from my offer letter for reference. I would appreciate guidance on the available options in this situation.
From India, Bengaluru
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HR's Offer and Notice Period Concerns
HR stated that they could offer 2 months of remuneration in case of termination, which is not applicable in my case as I have voluntarily resigned. If a 3-month notice period is considered excessive, the company should not have altered its policies accordingly. However, upon my resignation, they seem eager to expedite my departure. It is important to note that there are no grounds related to behavior or performance justifying this urgency.
Impact of Misleading Information
The misleading information regarding the notice period has led to me being sidelined for a significant period, resulting in a stain on my career, financial losses, and emotional distress. I have attached an excerpt from my offer letter for reference. I would appreciate guidance on the available options in this situation.
From India, Bengaluru
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Notice Period Obligations for Employees
Whether the employee is a probationer or a confirmed employee, he must fulfill the notice conditions of exit upon his resignation. He may either serve the entire notice period or pay the notice salary in lieu thereof, depending on the effective date of resignation. If the resignation is effective from a future date, he should be allowed to serve the entire notice period. If it is effective immediately, he has to pay the equivalent amount. Conversely, if the employer chooses to relieve him immediately, he has to pay the notice salary, as such an act amounts to a counteroffer by the employer.
From India, Salem
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6108Whether the employee is a probationer or a confirmed employee, he must fulfill the notice conditions of exit upon his resignation. He may either serve the entire notice period or pay the notice salary in lieu thereof, depending on the effective date of resignation. If the resignation is effective from a future date, he should be allowed to serve the entire notice period. If it is effective immediately, he has to pay the equivalent amount. Conversely, if the employer chooses to relieve him immediately, he has to pay the notice salary, as such an act amounts to a counteroffer by the employer.
From India, Salem
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As the saying goes: "what's sauce for the goose is sauce for the gander."
On a plain reading of the extract of the attachment, the company should have given you 2 months' pay or severance pay. Put up a demand for two months' pay based on the offer letter - polite but firm words - and wait for a response. After that, send a legal notice and see the reaction.
From India, Pune
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On a plain reading of the extract of the attachment, the company should have given you 2 months' pay or severance pay. Put up a demand for two months' pay based on the offer letter - polite but firm words - and wait for a response. After that, send a legal notice and see the reaction.
From India, Pune
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It may not be an easy option to fight legally based on this employment letter, given the fact that you had resigned voluntarily and the employer does not want to wait for the notice period; they accepted it with immediate effect. You could have found out if it was required to give a notice of two months or not before submitting your resignation. Also, you need to obtain the relieving letter from your existing employer for any future usage. Although we sympathize with your situation, legally there may not be much you can do. The employer can always argue that they had invested time and resources in your training, which is not easy to dismiss. Pursuing legal action may lead to several unpleasant issues that are best avoided, as it might have a negative impact on you both physically and emotionally.
From India, Hyderabad
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From India, Hyderabad
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"Last week, I had put in my resignation, and now I am being informed that tomorrow is my last working day."
The company is in violation of its contract with the employee.
"Last week, I had submitted my resignation."
What was the agreed-upon date of departure that you provided to the company - three months from now, immediate, or something else?
From India, Pune
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The company is in violation of its contract with the employee.
"Last week, I had submitted my resignation."
What was the agreed-upon date of departure that you provided to the company - three months from now, immediate, or something else?
From India, Pune
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Legal Notice for Breach of Notice Period .docx