Hina Siddiqui (Advanced Associate) 31 May 2014

Company forcing for serving one month notice

Hi All

M working with XYZcompany for more that 1.5 years. On 30th May2014 I have put a resignation and shared my willingness to get relieving by 10 June 2014 as I have to immediate join a new company. The notice period is 60 days and I am ready to buy back the notice by paying, however while having my exit interviews my manager refusse to relieve me, they want me to serve at least 30 days notice. I have gone through my agreement letter however did not found any clause by which they can compel me to serve the notice for 30days if I am ready to pay. Please advise me how should I approach them.

The terms and conditions states that of contract-
"After completing the Probationary period, the employee can terminate this employment agreement within the company by giving prior notice as per policy (60days). In addition,prior such terminations the company has reimbursed cost at the time of joining, or training, or overseas travel etc. If the employee fails, to company as so required, the employee acknowledged and agrees that loss or damage is likely to be caused to the company. In the event , the employee, undertakes to and shall pay to the company, for the losses nad trainings etc ,plus salary equivalent to any shortfall in notice period require to be given by the employee to the company.
Please let me knw if I can challenge them back to relieve me by 10th June in lieu of salary."

Also please given an insight on Labour laws to know more about the Employee rights so that I can further approach them in prompt way with all the information in hand if they still not agrees to relieve me in time.

Hina

Reply Follow

2 Replies

Vijay (MT) 31 May 2014

Hi All

Same question is for me also, but company is forcing me to serve notice period of 3 month, but i can serve at the most 1 month.

Please help both of us.

Thanks

Kumar Doab (FIN) 31 May 2014

The notice period/pay does not necessarily depend upon T&C inserted by employer in appointment letter drafted by it and signed with employee…………………………………..

There are many threads on same query that you may find relevant:

e.g.

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U4ccSEeBmXU

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

and other threads mentioned in this thread.

If notice period/pay is applicable in your case then you may ask to adjust it in FnF statement and supply it for verification and acceptance by you.

IN case there are pending tasks that may cause any financial or some other loss to employer and employee is unwilling to indemnify the employer against such loss then by justifying such grounds employer may impress upon to serve the notice period.

In your case you are being asked by your Manager.

Your Manager is not your employer. He is just another employee in company. He is in line management and responsible for replacement, KT, handover of charge, etc……………….and his feedback shall be sought by HR, and employer.

If you can convince him you shall be able to get smooth exit and all relieving documents.

You may also mention in exit interview form that within 12 days you can successfully handover the charge and no tasks are pending on your end as on date.

Submit regular reminders under proper acknowledgment.

Apply your rapport, goodwill, exceptional levels of persuasion, persistence, reasoning, negotiation skills.

If notice pay in lieu of notice period is inserted in appointment letter, than this option can be exercised by both employer and employee.

You can approach good offices of appointing authority, MD and seek relief.