joseph alex (manager) 17 March 2014

Notice period

Hi Experts,

Please advice me on below issue. Given below is the seperation policy. The question is

1. I have resigned on say "Jan 1st", and the notice period is 3 months.

2. I have not requested for waiver of notice period, ie ready to serve full period

3. Employer has decided to relieve me after one month say Feb 1

Is it possible? If so should employer pay me for remaining two months of notice period? How should I act on this situation?

Location : Bangalore, India.

Termination of employment: Company may at anytime terminate your employment by giving you three month’s notice in writing or by paying three month's basic salary in lieu of notice. You may also terminate this agreement by giving three month’s notice in writing or by paying three month’s basic salary in lieu of notice However, releasing you prior to the stipulated three month’s of notice time is purely left to the management and you shall serve the company upto the three months notice term if management wishes. Your employment may be terminated by the Company without notice or payment in lieu thereof, if you commit any serious or persistent breach or non-observance of the terms, or are guilty of any serious negligence or gross misconduct in connection with or affecting the business or affairs of the Company so serious in nature that the terminating party could not reasonably be expected to continue the Agreement for any period of time.

Thanks,

Joseph

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6 Replies

Kumar Doab (FIN) 17 March 2014

You may write to the good offices of the company : appointing authority, MD................ to let you serve the full notice period and let you earn the wages.

The employer can not accept the resignation before expiry of notice period tendered by employer.

The payment of notice pay in lieu of notice period is one of the settlements you can agree.................

Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers

https://www.indiankanoon.org/doc/1452145/?type=print

If the good offices also do not provide relief do not hesitate to approach a competent and experienced labor consultant/service lawyer.

Attached File : 801548635 nand keshwar prasad vs indian farmers fertilizers ... on 1 april, 1998(1).pdf downloaded: 108 times

L.R. Gupta (Manager) 18 March 2014

Notice Period

Sir,

My friend is a doctor in a Delhi Govt. Hospital. He submitted his resignation from his job and also served three months notice period as required by rules. But due to some assurance from his boss, he was somehow managed to withdraw his resignation. Now his boss is not fulfilling his words. The question is whether the notice period served by him will stand and can he just stop going to his office or he will have to again serve three months notice.

Please do advise soon as the matter is urgent.

With regards,

Gupta LR

Kumar Doab (FIN) 18 March 2014

Apparently the employee has been tricked by boss.

You have posted that ‘The notice of resignation has been withdrawn by employee.’

In such a case the employee may have to tender fresh notice and serve it to earn the wages during notice period or tender notice pay in lieu of notice period if there is such provision in the rules quoted by you.

It shall be appropriate to show the rules cited by you, notice of resignation tendered by employee, notice of resignation withdrawn by employee to a service lawyer at Delhi and proceed further under the expert advice of lawyer, so that he does not err again.

joseph alex (manager) 18 March 2014

Hi Experts,

Please advice me on below issue. Given below is the seperation policy. The question is

1. I have resigned on say "Jan 1st", and the notice period is 3 months.

2. I have not requested for waiver of notice period, ie ready to serve full period

3. Employer has decided to relieve me after one month say Feb 1

Is it possible? If so should employer pay me for remaining two months of notice period? How should I act on this situation?

Location : Bangalore, India.

Thanks,

Joseph

Kumar Doab (FIN) 18 March 2014

@ Joseph,

You may refer to the previous post. Did you mention notice period/effective date of resignation..............and your intent to serve full notice period, in notice of resignation submitted by you?

Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers

This judgement can be downloaded from the following link too:

https://www.indiankanoon.org/doc/1452145/?type=print

and is attached in word format also.

You may go thru it and in particular:

11..............

Service conditions are stated in standing orders (certified/model) applicable to the establishment and extended to the designation of employee, appointment letter, HR policy/service rules and regulations mention of which is made in appointment letter.

It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary slips, FNF statement, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Separation Policy, resignation letter, resignation acceptance, etc …………. Communications exchanged with company to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.