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Resigning without serving notice period

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Elaine515106
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Resigning without serving notice period

Post by Elaine515106 » Sat, 26 Oct 2019 2:28 pm

I am currently in a company that I just submit the resignation letter which i state 1mth notice period, my contract states that i need to serve 3mths notice period but i do not wish to serve the 3months notice period. My management is saying that they ask me to serve 3mths first but they will find a replacement in the meantime and will release me when the replacement come. However, they are asking to rewrite a resignation letter with 3mths notice period, should I write or not?

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sundaymorningstaple
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Re: Resigning without serving notice period

Post by sundaymorningstaple » Sat, 26 Oct 2019 3:49 pm

Really doesn't matter as you are already legally bound for 3 months notice or salary in lieu of notice if that is what is in your contract. You signed the contract so you are legally obligated by the terms of the contract. The Ball is in your court.

If you do not rewrite your resignation letter, you are legally obligated by the terms of the contract and at the moment you are legally in the wrong. It appears that they are being very nice to you by agreeing to a possible shorter notice (dependent on them finding a replacement before they can let you leave without fulfilling your contract obligations). But that will only work IF you give them a proper resignation notice in line with your contract. They are correct and they are being extremely fair, to be honest. Of course you need to get their offer of shorter notice upon finding suitable replacement in writing as well.

Elaine515106
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Re: Resigning without serving notice period

Post by Elaine515106 » Sat, 26 Oct 2019 4:29 pm

So is best i write the letter..
Last edited by Elaine515106 on Sat, 26 Oct 2019 6:51 pm, edited 1 time in total.

Elaine515106
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Re: Resigning without serving notice period

Post by Elaine515106 » Sat, 26 Oct 2019 6:45 pm

Can comoany sue me for not working my notice period?

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sundaymorningstaple
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Re: Resigning without serving notice period

Post by sundaymorningstaple » Sat, 26 Oct 2019 7:08 pm

Yes. If they want to pay the legal fees necessary to do so. You signed a legally binding contract. Some companies will if for no other reason but to send a message to any other staff who might contemplate doing the same thing. You will lose the case and you may well be order to pay their legal costs as well.

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