Legal Question in Employment Law in India

Hi

I work for an MNC and I have sent my resignation to my reporting manager

In an email serving 90 days notice period and mentioning my last working day.

I went through my companies separation process where it is mentioned that before you submit your resignation in hrms ( it's a tool used to raise request for separation and other hr related items) I need to have a discussion with my manager and based o. The discussion and consensus you may enter the request in hrms .

I had several discussions with my manager which took around two weeks where my manager was not accepting my resignation and tried his best to withdraw my resignation but I had been politely rejecting his requests. After about two weeks I entered my resignation in hrms tool saying 17th jan 2014 will be my last working day.

Now my manager simply modified the date of relieving as 4th feb 2014 and completed the request in hrms. When I told him that I sent a resignation note on 18 oct 2013 and 17 th jan will complete the 90 days full notice .

Now he is claiming that the day you put ur resig note in hrms from that day the notice period starts and he can't relieve me before that. Kindly advise.

Resignation email note sent to my manager: 18 oct 2013

18oct to 6th nov several discussions with my mgr

6th nov I updated hrms with resignation mentioning my last working day as 17th jan 2014

11th nov my manager updated the hrms system stating 4th feb 2014 as my last working day

12nov I sent a note to my manager stating I have served 90 days notice as per the email I sent you on 17 th oct and requested to modify my releasing date and has received no reply

13nov I met my manager and requested again but he was not willing to hear anything and was saying the day you entered in hrms then the notice period starts .

I went through my companies separation process and there is no where mentioned in saying notice period starts when you entered in hrms.

Kindly help me with this situation as I have to join my next employer on 20th jAn 2014.


Asked on 11/16/13, 10:35 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

You should have not wasted you time in discussions. So try escalating the issue to the senior management of your company and in case they do not agree, try requesting to the new employer. You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

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JSR/181113

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Answered on 11/17/13, 11:07 pm


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