I was asked to resign from my current employer, and I signed the resignation letter (after a day full of fights) stating that I would like to be relieved after 3 months from the current date, as per the offer letter. When I reached home, I received an email from HR to my personal ID, stating that my resignation has been accepted, and I will be relieved from all duties at the end of the 3rd month as per the offer letter. Additionally, it mentioned, "You need not attend the office from tomorrow onwards, and we will proceed with your exit formalities on the last working day." My account ID is locked, and I can't log in to the intranet portal now.
I want to continue going to the office for the next 3 months. I'm planning to talk to HR later today regarding this as a request and appreciate your professional help in legal and ethical approach. Thanks!
From India, Krishnagiri
I want to continue going to the office for the next 3 months. I'm planning to talk to HR later today regarding this as a request and appreciate your professional help in legal and ethical approach. Thanks!
From India, Krishnagiri
I think that the poster would have tendered his resignation with prospective effect, i.e., effective from a future date inclusive of serving the entire period of 3 months as per the contract of employment. If the employer accepts it immediately and relieves him forthwith, it amounts to a counteroffer by the employer, which requires the acceptance of the employee, i.e., the poster. In such a situation, to implement his decision, the employer should pay salary for the entire notice period. The concerned HR would be aware of this legal position. But, of course, an HR has to act like a pawn at the hands of a defiant employer.
The poster can stake a legal claim for the notice period salary.
From India, Salem
The poster can stake a legal claim for the notice period salary.
From India, Salem
HR said, "We accept your resignation and note that you will be relieved of your duties from XYZ Company as per the terms and conditions of your offer/appointment letter by 30th April 2021, which shall be your last working day."
I just want to go to the office till then. Can HR block this legally?
From India, Krishnagiri
I just want to go to the office till then. Can HR block this legally?
From India, Krishnagiri
"You need not attend the office from tomorrow onwards, and we will proceed with your exit formalities on the last working day. This is a clever ploy by the HR/employer to deprive you of your notice pay. They will show you to be on the rolls till 30th April 21 without paying you any salary. So you should stake a claim for salary for the notice period as you are being prevented from attending your office, though you want to work there.
The security may have been instructed not to allow you inside, and the attendance system might have blocked you. It is worth making an attempt to find the real position. If you can go inside the office, you can meet the officials concerned and physically present your claim for salary for the notice period. Otherwise, send them a letter stating the above."
From India, Mumbai
The security may have been instructed not to allow you inside, and the attendance system might have blocked you. It is worth making an attempt to find the real position. If you can go inside the office, you can meet the officials concerned and physically present your claim for salary for the notice period. Otherwise, send them a letter stating the above."
From India, Mumbai
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