Amith (software Engineer) 15 May 2014

Notice period issue

Hi All,

6 months ago i got an offer from an organization, in the offer letter it clearly mention "After completion of the probationary period, either the company or you may at any time terminate this agreement without cause by giving in writing to the other party, One month notice"

but now when i put my resignation HR's are threatening me and saying i had to server 3 months of notice period or i had to pay notice buyout. that is complete salary.

They are saying one more point "as per company policy my level people has to serve 3 months". but this policy did not come to existence after i join the company. and also i didn't get any written communication or i dint sign in any place which says notice period is 90 days.

Please tell me how can i handle this. i need to get released in 30 days.

in case i need to clarify further on this please post your phone number i will call back and explain.

Any help is very much appreciated.

Regards,

Naveen

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5 Replies

Dr J C Vashista (Advocate) 15 May 2014

The agreed terms and conditions of service contract shall prevail over the whims and fancies of HR.

Kumar Doab (FIN) 15 May 2014

Record the threats of HR (audio/Visual).

Quote the relevant clause from appointment letter issued to you in notice of resignation, subsequent communications. It is bilateral agreement binding on both employee and employer.

Has the HR kept the so called policy Let HR policy in your knowledge domain or has it been supplied to you?

The HR policy also has been discussed in a recent thread at:

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3Tp6UeBmXU

YOU may find it relevant.

Relate and post more information. e.g;

What is this company/establishment: Commercial, Industrial, Small Enterprise?

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board!

How many employees are employed in it?

What is your designation and nature of duties?

Has your service been confirmed in writing?

YOU and also Redg. office of your employer is located in which state?

T. Kalaiselvan, Advocate (Advocate) 16 May 2014

If the action of your HR do not conform to the terms and conditions of employment, you do not have to comply with it, you may take up the matter with the top management of the company, if he also dances to the tunes of the HR, resort to legal action, firstly by a lawyer's notice, then other legal action as is required by law.

Sagar Maniar (Sr. Accountant) 17 May 2014

Hello Friends, I worked with the organisation for 3 years and 8 months but left the organisation for not providing studies leaves. I had requested the management to notice period either in phase manner or at a single strech of 30 days after my classes. I have on mail (printout) that organisation is not ready to accept either of the option of notice period. and had given notice from 21st Feb till 26th Feb. I had informed about my studies prior hand but none of them responded the mail and of sudden made a policy of not giving study leaves at a very later stage.

Please advice whether short notice deduction in my FNF is valid ?

Kumar Doab (FIN) 18 May 2014

The notice period/pay is not dependent on T&C inserted in appointment letter drafted by employer.

There are many threads on it that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3iSoEeBmXU

Relate your matter and approach employer accordingly and if the employer do not provide relief you can approach lawful Authority, Lawyer/law firm, Employee's unions.