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Getting a better offer – Submitting resignation

I am presently working in a private firm which executes oil and gas projects and my residency permit is valid till Aug 11, 2019. Now I have a new offer from another company of similar type of work and I am likely to submit my resignation with my present employer tomorrow. I would like to know the following:

1) Can I submit the resignation mentioning my last working day as Aug 11, 2019 and is it acceptable legally?

2) If in case my present employer accepts my resignation with the above requirement, is there a requirement of paying salary back to my present employer? I request you to check and revert back at the earliest. Looking forward to hearing from you.

Name withheld

Answer: The fact that your residency permit expires on Aug 11, 2019 does not mean that your services with the company ends on that date and hence, to submit your resignation and mentioning that date as your last working day will not be legally right as you would have skipped the legally binding three months notification period prior to the resignation becoming effective. In this scenario, unless your current company is willing to dispense with the notice period, you will be legally bound to pay the company in lieu of the number of months you won’t be able to work for it to serve as the notice period.

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