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There are several speculations and misapprehensions between employees regarding laws and rules while resigning from their job. Our HR department has gathered all information you will need to know when leaving your job.
- Firstly the law applicable in regard to the notice period states you will have to serve the notice period and its mandatory, the notice period will start from the day you submit your resignation letter, know that the notice period duration is from One month to three months which will be stated in your respective labour contract and the duration cannot be more than three months, once you have served the notice period your employer has no right to force to work for extended duration.
- Secondly the type of termination matters, when you are terminated on the basis of arbitrary dismissal then the employer will have to compensate you with gratuity and several other dues but if your termination falls under redundancy grounds then you shall not receive any compensation other than notice period compensation or gratuity.
- Thirdly when you resign regardless of your employer accepting or rejecting your resignation, your resignation is considered accepted from the time you submit resignation to your HR department or via mail, from the very same date of your resignation submittal your notice period shall begin.
- Fourthly your gratuity pay shall depend on how long you have been employed. You can use gratuity pay calculators available online to check the same.
- Fifthly your air fare to your home country or your pre planned destination after resigning should be paid by your employer but if the termination occurred due to your fault then the employer is not liable to pay for your air fare. The cases where the employee enters into another job contract after resigning, then their current employer who recruited them is responsible for any air fare. The fare mentioned here is only in regard to the air fare and do not comply to shipping or family repatriation, however if the shipping/family repatriation cost terms are mentioned in your contract then your employer is liable to pay for the same.
- Sixth point you shall note that any cost that is incurred during applying for your visa and during the the cancellation of your visa, both shall be paid by your employer and your employer should handover the passports as soon as the visa is stamped/cancellation procedures are over.
Lastly you can request for your experience certificate with details in regard to the duration such as how long you were employed, the duties performed by you and even mention your latest pay if you require. Stay tuned to get more labour law updates.
