Employer notice period

What do you want and expect as guidance ?

To have a peaceful working condition without any legal complications or invite such complications and have tensions.

Decide your priority.  All these litigations like cheating, lies etc against employer takes you to heights in career.

It is your decision, in life certain compromises are necessary for a peaceful living.

Nip it in the bud, and do not assume mountains out of moles.  Have a happy and contended life, as every one has enough problems, and let us not purchase more problems simply to satisfy ego.

In simple form probably you want to communicate that you were employed by one company that placed you at IT’s client location (may be secondment) and the said client want to take you in it’s direct employment (absorption as termed by you).

Since current employer has relieved you with immediate effect you shall be without job for say 30days and thus there shall be a gap of 30days in your employment history and current employer is unwilling to tender even notice pay to you and thus you shall be without even wages for say 30days.

The current employer has not provided you with any T&C/rule/policy/service condition/applicable enactment that entitle IT with such rights.

The employment related docs issued to you by current employer has no such condition that entitles current employer with such rights.

As client is not current your employer, you have acted in accordance with T&C of employment related docs issued to you by current employer to separate from your current employer by notice of resignation/resignation……….and get employed with client.

You have mentioned about some objections/no objections about said absorption between your current employer and it’ client (future employer).

It is felt that Until or unless there is some agreement between your current employer and it’ client (future employer) there is NO need of any sanction/approval/agreement etc between these two companies.

In any case even if there is some agreement or understanding to which you are not a party, there is NO need of any sanction/approval/agreement etc between you and these two companies.

It is an old principle that servant shall chose the master.

Per applicable service conditions/applicable enactments; If employee has tendered notice period of say 30 day and/or has mentioned notice period in it then employer cannot accept before expiry of notice period. It may amount to ‘Deemed Termination’. The employer may offer notice pay in case of relieving with immediate effect to employee that has tendered notice period and it is discretion of employee to accept or not and

/or to ask to let serve the notice period.

While posting such queries employee should post basic information on current employer!

What is this establishment; Commercial, Industrial? (Apparently Commercial)

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

Has any appointment letter been issued? Do you have copies of all rules/policies mentioned in appointment letter e.g; HR policy/exit policy etc ?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

What is the notice period to be issued by employer if employer initiates termination?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Have you signed any Non-Compete Clause etc with current employer?

Is it stated in employed related docs that the client has to send a request to vendor in advance before initiating any discussion with employee placed at client location?

 Is it stated in employed related docs that the employee has to send a request to vendor in advance before initiating any discussion with placed at client?

 Is it stated in employed related docs that the if employee/client has sent a request to vendor in advance and if client absorbs employee, the vendor can accept notice of resignation before expiry of notice period and NO notice pay shall be payable in such case?

Is vendor and client same company/group company and does absorption mean that there shall be NO break in service?

Who has signed and issued and supplied the said relieving to you, employer or appointing authority or some attorney of employer in HR/Line Management/Admin/Legal cell?

Who is declining to tender notice pay; employer or appointing authority or some attorney of employer in HR/Line Management/Admin/Legal cell to quote from any applicable rule/policy/ that was signed with you and supplied to you or applicable enactments?

Does client company agree to absorb you with immediate effect (without waiting for 30days) and /or buy notice period (without any condition) and provide some additional benefits e.g; Gratuity say 5years-period spent with vendor?  

In case the current employer has set notice period of 30days for employee to resign and say 90days for employer then if employer is relieving with immediate effect/terminating with immediate effect then it may offer notice pay @ as in service conditions set by employer/applicable enactments (employee may chose whichever is beneficial) to employee…..

Remain amiable and gentle and avoid unnecessary emotional outbursts and use the opportunity to build some irrefutable written record for future use if required, at appropriate time in appropriate forum.

Till then try to resolve the matter in your favor t avoid any loss to you, with your own skills or with support from elders of your family/competent and experienced well wishers/seasoned employees’-trade unions/concerned officials-authorities……………   

Dear LCI Querist @ Mr. Alok,

Pls always initiate a new thread.

Dear LCI Querist @ Mr. Alok,

If service conditins drafted by employer and signed with you provide for notice period of 30days during probation period then it should be 30days during probation period.