Dear All,
I am working in one IT Company from last 14 month. I have submit my resignation letter and give 20 day notice but company is not ready to releave me and forcing me to serve 90 Days Notice period.
I asked to release me as my current assignment is over and I am also ready to pay the amount of 70 Days (90-20 Days)according to below mentioned clause in offer letter.
Notice Period & Termination:
Your employment is subject to termination by either party by giving 90 days notice or 90 days salary in lieu of notice period.
Please suggest me what to do .
Thanks,
UKM
From India, Bangalore
I am working in one IT Company from last 14 month. I have submit my resignation letter and give 20 day notice but company is not ready to releave me and forcing me to serve 90 Days Notice period.
I asked to release me as my current assignment is over and I am also ready to pay the amount of 70 Days (90-20 Days)according to below mentioned clause in offer letter.
Notice Period & Termination:
Your employment is subject to termination by either party by giving 90 days notice or 90 days salary in lieu of notice period.
Please suggest me what to do .
Thanks,
UKM
From India, Bangalore
Dear Mr. UKM,
Your query is not yet complete. You haven't mentioned few dots joining the entire scenario -
- What is your designation? (If executive, there shouldn't be much issue in relieving you)
- Has anybody taken charge of your rest work even if your assignment is getting to an end?
- When did you give your notice period?
- If you are serving notice which already means that the employer has accepted your resignation (any proof of evidence/ mail/ letter of acceptance)?
- When it is 90 days of notice period , you're half a way through notice period... what is the exact reason for leaving?
- What have you explained as your reason of seperating to the employer & by raising "Notice Pay" what have they retorted?
Please comphrehend the above as it is utmost required for the seniors in this forum to profoundly understand the means and vindicatively give the best of solution. Thanks!
From India, Visakhapatnam
990Your query is not yet complete. You haven't mentioned few dots joining the entire scenario -
- What is your designation? (If executive, there shouldn't be much issue in relieving you)
- Has anybody taken charge of your rest work even if your assignment is getting to an end?
- When did you give your notice period?
- If you are serving notice which already means that the employer has accepted your resignation (any proof of evidence/ mail/ letter of acceptance)?
- When it is 90 days of notice period , you're half a way through notice period... what is the exact reason for leaving?
- What have you explained as your reason of seperating to the employer & by raising "Notice Pay" what have they retorted?
Please comphrehend the above as it is utmost required for the seniors in this forum to profoundly understand the means and vindicatively give the best of solution. Thanks!
From India, Visakhapatnam
“Notice Period Clause” which is self-explanatory (Provided by you above), but let me defines you this again first.
It is saying that you have to compensate 90 days of salary in case of breach of employment agreement from your side else have to serve 90 days of notice period if intended to leave (resignation).
"Either you have to compensate for 90days or serve 90 days of period."
But, as you said that you have submitted your resignation with 20 days of notice period, which is not according to the respective Employment term & conditions, can’t be application in this regard, therefore, your resignation is not accepted by them and not allowing you to leave.
Second, you can’t just demand them for your leave due to completion of your assignment not matter you are ready to compensation as per Notice Period or not, this is the responsibility of employer to assign you another work if you have completed or about to complete your present work. Give a minute to yourself and think if they would have asked you to leave with stating a reason that they have no further work for you and you may have to leave and they are ready to give you a month of notice period with salary, would you accept it?
Lastly, I second Sharmila ji, request you to furnish more details and suggest you to speak to your Boss/Seniors/HR people by giving them a valid and appropriate reason of your resignation. But if they still wont allow you, you have to go with the terms applied on your employment and have to complete this 90days of notice period.
From India, Gurgaon
It is saying that you have to compensate 90 days of salary in case of breach of employment agreement from your side else have to serve 90 days of notice period if intended to leave (resignation).
"Either you have to compensate for 90days or serve 90 days of period."
But, as you said that you have submitted your resignation with 20 days of notice period, which is not according to the respective Employment term & conditions, can’t be application in this regard, therefore, your resignation is not accepted by them and not allowing you to leave.
Second, you can’t just demand them for your leave due to completion of your assignment not matter you are ready to compensation as per Notice Period or not, this is the responsibility of employer to assign you another work if you have completed or about to complete your present work. Give a minute to yourself and think if they would have asked you to leave with stating a reason that they have no further work for you and you may have to leave and they are ready to give you a month of notice period with salary, would you accept it?
Lastly, I second Sharmila ji, request you to furnish more details and suggest you to speak to your Boss/Seniors/HR people by giving them a valid and appropriate reason of your resignation. But if they still wont allow you, you have to go with the terms applied on your employment and have to complete this 90days of notice period.
From India, Gurgaon
Dear UKM,
In your case, it depends on the wording of your resignation letter, If while giving the resignation you had clearly mentioned the that you with to resign with immediate effect and ready to pay the 90 days salary and they have not acted upon by accepting the resignation within a practical time you can say may be 7 days then you can claim this period as a notice period but if they had accepted your resignation with a clause that you have to serve 90 days notice, it's better for you to discuss it with yr reporting authority and settle the matter. Alternately you just hand over another letter that already you have given them a resignation and this much period ( what ever 20 or 30 days) have passed and you wont be able to report for the duties w.e.f. the date so request them to relieve you before that by deducting the balance period salary. Alternately you may check with the Company you are planning to join if they can delay your joining by 90 days. As for you now the most important point is to join the new job with in approved time.
So dear try to sort it out amicably other wise stop going to office from the date you are going to mention in your next letter and see what ever money they claim. One thing is sure the salary for notice period does not include various allowances like transportation, lunch, medical etc and you have to just pay Basic + DA if any for 90 days to the Company.
Navneet Sarin
From India, Delhi
In your case, it depends on the wording of your resignation letter, If while giving the resignation you had clearly mentioned the that you with to resign with immediate effect and ready to pay the 90 days salary and they have not acted upon by accepting the resignation within a practical time you can say may be 7 days then you can claim this period as a notice period but if they had accepted your resignation with a clause that you have to serve 90 days notice, it's better for you to discuss it with yr reporting authority and settle the matter. Alternately you just hand over another letter that already you have given them a resignation and this much period ( what ever 20 or 30 days) have passed and you wont be able to report for the duties w.e.f. the date so request them to relieve you before that by deducting the balance period salary. Alternately you may check with the Company you are planning to join if they can delay your joining by 90 days. As for you now the most important point is to join the new job with in approved time.
So dear try to sort it out amicably other wise stop going to office from the date you are going to mention in your next letter and see what ever money they claim. One thing is sure the salary for notice period does not include various allowances like transportation, lunch, medical etc and you have to just pay Basic + DA if any for 90 days to the Company.
Navneet Sarin
From India, Delhi
dear UKM
you seems to be confused...
as to what you want to do...
whether to join new job or to continue the present job...
what will happen if you do not continue for 90 days of notice period...
when you gave interview in the new job you should have informed them that the company in which you are presently working requires 90 days notice period...
...
but anyway first make your mind ...
and in case any difficulty arises we are here to help you thereafter...
you can contact us...
From India, Delhi
you seems to be confused...
as to what you want to do...
whether to join new job or to continue the present job...
what will happen if you do not continue for 90 days of notice period...
when you gave interview in the new job you should have informed them that the company in which you are presently working requires 90 days notice period...
...
but anyway first make your mind ...
and in case any difficulty arises we are here to help you thereafter...
you can contact us...
From India, Delhi
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