I have been working for this company for 2 months now and have resigned. I want to leave immediately as i do not like the job profile and have got a better offer in hand now.
My appointment letter says as below :
Your service may be terminated by either party, giving notice in writing for three months or payment of salary in lieu thereof. The company reserves the right not to accept salary in lieu of notice.
Company reserves the right to terminate your employment wothout notice on grounds of breach of policy, misconduct or unsatisfactory performance.
I am willing to pay three months pay for not serving the notice period. What legal action can the company take against me if it does not accept salary in lieu of notice ?
Thanks for your reply.
Govt's different yardsticks on officials quitting
as reported by Himanshi Dhawan, TNN, in Times of India, NEW DELHI: Jul 3, 2010,
In a blatant example of interpreting the law to suit the day's needs, the Centre chose to accept the validity of a written resignation as having immediate effect and then saw a similar situation in very different light — all within four months.
The department of personnel and training (DoPT) accepted information commissioner Omita Paul's resignation — submitted on June 26, 2009 — on the ground that under the RTI Act, resignations of commissioners and chief information commissioners (CIC) would be treated as final without the formal acceptance of their appointing authority, the President.
Four months later, the department did an about-turn to say that CIC Wajahat Habibullah's resignation could not be accepted as it was his "intention" rather than an actual resignation. The provocation was a legal notice demanding that Habibullah's orders be struck down as null and void as well as the government appointed selection committee's inability to reach a consensus on a replacement.
RTI records accessed by activist Arvind Kejriwal from PMO and DoPT have revealed the "arbitrariness" in the appointments and resignations of information commissioners (ICs). RTI records show that Omita Paul was appointed information commissioner on May 13, 2009 and she resigned on June 26. She joined the finance minister's office the same day even before her resignation was accepted by the President.
In a letter dated September 3, President's secretariat raised a legal point asking whether the resignation had to be formally accepted by the President or would it be considered accepted by virtue that it was in the person's writing.
Refering to RTI Act's section 13, under secretary Faiz Ahmed Kidwai said the Act "provides that an IC may at any time by writing under his/her hand addressed to the President, resign from his/her office. The RTI Act does not provide that the resignation has to be formally accepted by the President."
He added that the same procedure was followed for judges of high courts. The DoPT took a view from the law ministry which in its opinion — approved by the law secretary — said that resignations of the IC and CIC "be treated as final without the formal approval of the President," in a note dated October 15. The law ministry based this conclusion on the fact that RTI Act section 13 had similar provisions as Article 124 and 217 of the Constitution that deals with resignation of HC judges.
However, DoPT was caught in a bind when Habibullah resigned. The selection committee was unable to find an "acceptable" replacement and despite putting in his papers on October 19, Habibullah continued to hold charge. To compound matters, DoPT was issued a legal notice by Supreme Court advocate Adbul Rasheed Qureshi demanding that the resignation be accepted and all orders given by Habibullah be declared void.
Govt's different yardsticks on officials quitting - India - The Times of India