Employment and notice period Employment and notice period

2 months ago

I want to resign can I ask my company to consider back dated resignation? It's Feb end now. Can I ask them to consider my resignation from Jan? I still haven't resigned yet

Anik

Responded 2 months ago

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A.Dear Client,

There is generally no concept of back-dated resignation recognized in labor law. In the employment relationship, an employee is typically required to tender their resignation in accordance with the terms specified in their appointment letter or employment contract. This often involves providing a notice period, usually ranging from 30 to 90 days.

Resignation is a formal process governed by the terms of employment, and it is expected to be carried out in adherence to the conditions outlined in the appointment letter. Attempting to back-date a resignation might be considered irregular and could lead to legal and contractual implications. It's crucial for employees to follow the established procedures and timelines as stipulated in their employment documentation to maintain transparency and compliance with labor laws.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
There is no concept of back-dated resignation in Labour Law. An employee has to tender his resignation as per the terms of employment normally requiring 30 days to 90 days advance notice and service during the notice period. So, you need to tender your resignation strictly in terms of your employment i.e, your appointment letter that governs the relationship between an employee and employer.
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Vidhi Samaadhaan Vidhi Samaadhaan

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