Hi my I have been working for a company since aug2020, my appointment letter mentions: employee can leave at any time giving a 3 month notice period. It also mentions that based on mutual agreement the employee can leave at any time by paying an amount equal to 2 months of base salary. In the month of June, I requested my manager to apply for resignation due to personal choice on an urgent basis.
I gave in my resignation citing a 1-month notice (however I verbally agreed to work till the end of July, if required) my manager first agreed to let me put in my resignation and leave by end of July, however since then he hasn't put in my end date and is making me run from pillar to post. I have already spoken to HR and the clients ( who don't have any issue) as requested by the manager and have been patiently asking my manager to put in the end date as I need to start my transition process ( sending back the laptop etc).
Every time I ask him, he cites a different issue. I need the leave the organization by July as I am moving abroad. Hence I don't want any legal complications post leaving. My question is if my manager doesn't put in my end date till July, can the company force me to stay back? Or take any legal action despite me agreeing to pay the notice amount and giving the notice 40 days before resignation on the grounds that they couldn't find a replacement? (Also I'm the junior-most employee in my team, I find it very hard to believe that my manager is finding it difficult to replace me ) please guide me in this matter as with every passing day I'm worried about the consequences and getting really scared
From India, Kolkata
I gave in my resignation citing a 1-month notice (however I verbally agreed to work till the end of July, if required) my manager first agreed to let me put in my resignation and leave by end of July, however since then he hasn't put in my end date and is making me run from pillar to post. I have already spoken to HR and the clients ( who don't have any issue) as requested by the manager and have been patiently asking my manager to put in the end date as I need to start my transition process ( sending back the laptop etc).
Every time I ask him, he cites a different issue. I need the leave the organization by July as I am moving abroad. Hence I don't want any legal complications post leaving. My question is if my manager doesn't put in my end date till July, can the company force me to stay back? Or take any legal action despite me agreeing to pay the notice amount and giving the notice 40 days before resignation on the grounds that they couldn't find a replacement? (Also I'm the junior-most employee in my team, I find it very hard to believe that my manager is finding it difficult to replace me ) please guide me in this matter as with every passing day I'm worried about the consequences and getting really scared
From India, Kolkata
Dear Madam,
If you have complied with the notice period/ payment in lieu of short notice conditions in the appointment letter ,ordinarily , you need not worry and you can quit at the end of the stipulated notice period.
Suggest you write to the top authority, stating the fact that your manager having agreed to your request verbally in the resignation letter, is not relieving you. Unable to get replacement cannot be reason to holding back your release.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
619If you have complied with the notice period/ payment in lieu of short notice conditions in the appointment letter ,ordinarily , you need not worry and you can quit at the end of the stipulated notice period.
Suggest you write to the top authority, stating the fact that your manager having agreed to your request verbally in the resignation letter, is not relieving you. Unable to get replacement cannot be reason to holding back your release.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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