Dear Everyone, I have been employed at an IT Company for the past 14 months. I have submitted my resignation letter with a 20 day notice, however the company is not willing to accept it and is insisting that I serve a 90 day notice period. I have requested to be released as my current assignment is finished and I am willing to pay the amount of 70 days (90-20 days) according to the clause in the offer letter. Could you please advise me on what to do? Thank you, UKM
Your query is yet to be fully completed. We need to know more information to provide the best advice. What is your job title? Has anyone taken over your duties since you gave notice? When did you give your notice period? Is there any proof that your employer accepted your resignation? You are halfway through the notice period, what is the exact reason for leaving? What did you tell your employer about leaving and what was their response regarding notice pay? Please provide this information so that our senior members can understand the situation and give the best advice. Thank you.
The Notice Period Clause states that you must either compensate for 90 days of salary in the event of a breach of the employment agreement or serve a 90-day notice period if you intend to resign. However, since you submitted your resignation with only 20 days of notice, it is not in accordance with the Employment Terms and Conditions and thus your resignation is not accepted. Furthermore, you cannot simply demand to leave upon completion of your assignment, regardless of whether you are willing to compensate for the Notice Period or not. It is the employer’s responsibility to assign you another task if you have finished or are close to completing your current work. Consider if you were asked to leave due to the lack of work and were offered a month of notice period with salary, would you accept it? Lastly, I agree with Sharmila’s suggestion to provide more details and to speak to your boss/seniors/HR personnel with a valid and appropriate reason for your resignation. If they still do not allow you, you must adhere to the terms of your employment and complete the 90-day notice period.
UKM, the wording of your resignation letter will determine your situation. If you specified that you wanted to resign with immediate effect and were willing to pay the 90 days salary, but the company did not act on it within a reasonable time frame (e.g. 7 days), you may be able to claim this period as a notice period. However, if they accepted your resignation with a clause that you have to serve 90 days notice, it would be best to discuss the matter with your reporting authority and come to a resolution. Alternatively, you could submit another letter stating that you have already given your resignation and the specified number of days (e.g. 20 or 30) have passed, and you will not be able to report for duties from the mentioned date. Request them to relieve you before that, deducting the remaining salary. You could also check with the company you are planning to join if they can delay your joining by 90 days. It is important to join the new job within the approved time. Therefore, try to resolve the issue amicably. Otherwise, stop going to office from the date you mention in your next letter and see what money they claim. Keep in mind that the salary for the notice period does not include various allowances such as transportation, lunch, and medical. You will only need to pay the basic salary and DA (if any) for 90 days to the company.
It appears that you are uncertain as to whether you should take the new job or remain in your current position. What will happen if you do not fulfill the 90 day notice period? When you interviewed for the new job, you should have mentioned the 90 day notice period to the employer. Please take some time to decide and if you need help, do not hesitate to reach out to us.
It is a difficult situation for all involved, but as an employee, it is recommended to attempt to resolve it by making a request to your supervisor.