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Resignation due to Pursuance of Higher Education Resignation due to Pursuance of Higher Education

1 year ago

I have secured an admission to an Indian Institute of Management. The provisional admission was granted on the 28th April, 2023 (Friday) and was intimated to my employer on 1st May, 2023 (Monday).

My employer is constantly citing fully serving the notice period of 90 days, and that partial notice buy-out or notice period reduction cannot be undertaken as per company policy. The employment agreement provided at the time of joining does mention that a payment can be made in lieu of unserved notice period, however the same would be subject to company management discretion.

Since the date of joining at the institute is of June 16th, I cannot serve the full notice period and can certainly not let go of the opportunity to pursue higher education. What are the options available to me in this case?

Legal Counsel Vidhikarya

Responded 1 year ago

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A.Dear client,
Considering your better career prospect on completion of a course from IIM and present terms of employment and the dilemma arising out of tender of resignation, following option may be pondered.
> You have served the notice tendering your resignation in compliance with the terms of contract of employment with a provision of deduction of unserved notice period and that depends upon the discretion of the management and such a discreation should not be applied to prevent any deserving employee from his career growth. So let the matter be decided by them. In case the decision appears to you discriminatory or affecting your career, you may lodge a complaint with the concerned authority(Labour Commissioner) over alleged discrimination and unfair labour practice.
> Secondly, if you feel your career prospect on the persuasion of the course overweighs the present one then go-ahead and put focus on it ignoring all these present issues or mental agony.
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