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  1. #1
    Join Date
    Jan 2013
    Posts
    2

    Default Being Forced to Serve Notice Despite My Intention to Pay Off and Be Released Early

    I have resigned from my present job on 9th Jan and want to be released by 31st Jan. As per terms & conditions (in my appointment letter) I need to either serve for 90 days or pay the equivalent amount thereof. I have stated that I will be paying for the balance 68 days. But my HR/Supervisor is clearly stating that they will not release me unless I serve 90 days! There is no integrity/compliance case pending against me too. Kind advice what should be my stance? I need to leave by 31st Jan!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Being Forced to Serve Notice Despite My Intention to Pay Off and Be Released Earl

    If you're in the U.S., no employer can make you work one second after you quit. Depending on the terms of the contract there could be a consequence for quitting under certain terms (e.g., having to repay a signing bonus if you quit within a certain number of months of starting a job, having to repay educational benefits you received during the prior year, etc.) but you cannot be forced to work.

    If you're not in the U.S., and I suspect you're not, consult a lawyer in your country about your rights.

  3. #3
    Join Date
    Jan 2013
    Posts
    2

    Default Re: Being Forced to Serve Notice Despite My Intention to Pay Off and Be Released Earl

    Thanks for the reply. Further details are as follows, would be great if someone could advice me, as I need some guidance on an urgent basis.

    I am in Kolkata, India.

    I have resigned on 9th Jan and want release on 31st Jan. We have a notice period of 90 days. I am ready to pay in lieu of serving the balance 68 days. I also have 62 encashable privilege leaves outstanding.

    As per terms & conditions (appointment letter) either party can terminate the employment either by serving 90 days of paying thereof in lieu. And as per our HR Policy (I have read the same in details), up to 180 days of Privilege Leave can be adjusted against notice period or be cashed out while resigning.

    I feel I am in my rights on both the above counts. But my HR simply denies releasing me within the day I have requested and neither my HR nor my supervisor have officially accepted my resignation (on online HR system). On being asked (by me on mail), they say I rather focus on business and NOT follow up for resignation acceptance. I have also been threatened by HR (on mail), that I should not take any step which can be "detrimental" to my career and I should cooperate with the management to ensure we part ways "amicably".

    Kindly suggest. I need to leave on 31st Jan at any cost.

    Regards

    Mitrajit
    +91 98304 97155

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Being Forced to Serve Notice Despite My Intention to Pay Off and Be Released Earl

    Sorry, we deal with US law only here.

    And please remove your personal information - we don't want you getting spammed!

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Being Forced to Serve Notice Despite My Intention to Pay Off and Be Released Earl

    We have no one here with knowledge of Indian law.

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