1

Following are the exact words from the joining letter document.

"In the event of resignation, termination of employment by either party, it will be by giving one month notice in writting to the other or basic salary in lieu thereof, except on dismissal, discharge or termination for misconduct, for which the Management is the only judge. In such case you will not be entitled to any such notice or basic salary thereof. On your failure to give one month's notice in writing, the management will deduct an amount equivalent to the thirty days wages from the amount which may become payable to you subject to the provisions of Payment of Wages Act and rules thereunder.

If you will tender resignation the same will not come into force unless it is accepted by the management in writing. In the absence of acceptance of your resignation by the management, you will not be entitled to any dues. "

This is pretty confusing to me. I have few questions on it.

  1. My notice period is of one month. Usually you can also leave immediately after your resignation, in that case you will have to pay one month salary to the employer. Does above paragraph state the same rule?

  2. Here is how our management works. If I resign right now, then my notice period won't start from today, the management has to accept my resignation and then my notice period will start. One of my colleague got his resignation accepted (by our 'BOSS') after 15 days after his resignation mail. He had to serve for next 30 days. So total notice period was 45 days! What can be done in such case.

Any help especially from the experienced people will abe appreciated. Thanks in advance..

  • 7
    Stay clear of this company or get out of here as soon as you can. Notice period starts from the day you submit resignation. A company which starts it after they "accept" it is clearly running a scam. You might also want to take this to the Labour Court or the Labour Ministry, and see if they would like to have a "polite conversation" with your company. – Masked Man Aug 6 '15 at 16:32
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    You should consult a lawyer on this. The definition of what constitutes "acceptance of your resignation" may vary from a letter stating "I accept your resignation" to a simple read-receipt of an email. – David K Aug 6 '15 at 16:32
  • In what country are you normally required to pay your employer a month's salary upon termination? – Not My Real Profile Aug 6 '15 at 16:33
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    Based on your name and the language used in the document, I assume you are in India. You might find this useful: labour.gov.in/content/division/… – Masked Man Aug 6 '15 at 16:36
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    I would strongly suggest you talk to a lawyer about the legal implications of an employer holding on to a resignation letter and claiming the notice period commences when they says it does rather than when you quit. What if they wait so they put you past the agreed starting date of a new role? – Jane S Aug 7 '15 at 5:41
4

I am not a lawyer and this is not legal advice, but in my opinion:

Your company is screwing you.

"except on dismissal, discharge or termination for misconduct, for which the Management is the only judge" means that at any point the Management can decide that you have committed "misconduct" and terminate you without notice.

The clause about accepting resignations means that management can refuse to accept your resignation, and thus force you to quit "without notice" and deprive you of 30 days pay.

If you have not signed this, don't.

If you are looking to resign, submit your notice, giving one month later as your last day. If your company does not accept your resignation, wait until you have been paid for as much of the one-month period after that as you can, then stop showing up for work.

If you are not in the US, this contract may not be enforceable.

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    I doubt this is enforceable in the US either. Employees generally can't consent to forfeiting pay. – Not My Real Profile Aug 6 '15 at 16:35
-1

"On your failure to give one month's notice in writing, the management will deduct an amount equivalent to the thirty days wages from the amount which may become payable to you subject to the provisions of Payment of Wages Act and rules thereunder."

My notice period is of one month. Usually you can also leave immediately after your resignation, in that case you will have to pay one month salary to the employer. Does above paragraph state the same rule?

The 30 days deduction - Is that perhaps if you resign, they would usually pay you a months worth of wage, and if you stopped going in immediately, it is this pay for the notice period that they will rescind?

I'm not entirely sure what the Payment of Wages Act entails - assuming it's some form of 'fair days wage for a fair days work' statue? You might want to check this out with a legal adviser or a citizens advice bureau if there is an equivalent organisation there.

Here is how our management works. If I resign right now, then my notice period won't start from today, the management has to accept my resignation and then my notice period will start. One of my colleague got his resignation accepted (by our 'BOSS') after 15 days after his resignation mail. He had to serve for next 30 days. So total notice period was 45 days! What can be done in such case.

I'm not sure I know of anywhere where they have to accept your resignation. (or rather have a choice not to acknowledge it) Your resignation letter is you giving them formal notice that you are leaving (and I would always stipulate the date of last working day, along with any leave balances owed etc) and acts as a notification for termination of contract whether they choose to 'accept' it or not. Again, check the labour laws for your country, they may be trying to enforce something that is not enforceable.

  • this doesn't sound like an answer. Though it can be a good comment. – I. Hamad Feb 12 at 11:56
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    as a newbie I can't add comments until I have 50 points, so I'm trying my best to be useful and add to a question as best as I can. Otherwise I'll never have enough points to ever contribute a good comment. I do feel though that it responds to point 1) in the OP as to what the rule is stating - maybe not though. I'll try to edit my answer so that it is more of an 'answer' – Smock Feb 12 at 12:03
  • I understand you quite well, I have been in the same situation. I suggest to ask new good questions rather than answering existing questions. – I. Hamad Feb 12 at 12:07
  • I'm not sure it's good practice to ask questions I don't actually need an answer for. if someone asks why I'm asking the question - can I answer 'just to get some points' ? (also hard to think of a question without some background need, it would surely end up a very generic question). Anyway - answer updated to the form of an answer – Smock Feb 12 at 14:44

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