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Resignation / effective date

1621 views 4 replies

Dealing with Indian HR matters in my company I recently received the following case:

Our general manager under employement contract with the company tendered resignation. His resignation letter is confusing asregards the effective date of his resignation:

while the letter is dated (e.g) June 1st, he asks for the resignation to be effective (e.g) July 1st. + effective termination date Aug 31 (per 2 months notice period)

My concern is to know the relevant date to consider as starting date of the notice period i.e: either the issuance date of this resignation letter (i.e June 1st) OR the effectide date as requested in the letter (I.e July 1st) ????

Thks for prompt reply. Regards 

Replies (4)

Its clear !!!!!!!!!!!!!!!  1st July will be the date of resignation and 2 moths from that will be dermination of service ( 31 st Aug ).

Mere predated letter wont make any legal effect as date as concern , the content is important as you clearly said he mentioned the resgnation date as 1st july in the letter so that will be effect. 

This case the employee intimated the resignation in advance.

Hope help you , Thanks.

Kannan

To me (but not expert in Indian law), notice period starts upon submission of resignation. Does not make sense that an employee can tender his resignation to desired future data e.g. next year in Dec 2011 and have the notice period of 2 months just starting from that date….   

Yah!!!!!!!!!! U are right , in practice nobody will do like this , reason is they will be under screen light if resigned.

In your case company will be in advantage only they can plan replacement etc well in advance.

The reason for 1 or 2 month notice is to pre plan to handle resignation. In this case he gave you 1 more extra month.

If you are not agree with resignation then you can refuse to accept the same saying that employee contract require only 2 months before notice as per employment agreement ( Quote your appointment letter ).

Thanks

Kannan 

Thanks Kannan

Any legal advice from Indian lawyer would be great. Regards


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