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Varun (Brand Manager)     30 January 2015

Reduction of notice period

Dear Sir/Ma'am,

I am working with an organisation, on my appointment letter it is written that in order to resign from the company have to serve a notice period of 3 months or 3 months salary and if they wish to terminate me they will be giving one months notice period or one month salary.

Due to some very unavoidable financial circumstances i had to look for a new job with more pay. I have found one but the new company wants me to join with in one month so i discussed it with my current employer that i would not be able to serve the 3 months notice period. Now they have replied on my resignation that, they will take all the legal actions against me or would recover the my three months salary in lieu of my three months notice period. My Salary is also on hold for the current month. 

So now, i will be loosing the new opportunity and also the company that I'm currently working with

Please help and advice as to what i can do... ???

Thank You



Learning

 1 Replies

Kumar Doab (FIN)     30 January 2015

You are making the same mistake that majority of the employees make…………….

 

You should have mentioned your notice period of 90 days in employment application and asked the future employer to agree to buy your notice period and pay the amount unconditionally immediately upon joining……….

                

Has the current  company replied in writing threatening legal action/adjustment of notice pay?

 

Why the company is threatening legal action wile it can adjust notice pay in FnF statement/adjustment?

 

If you are resigning by 30 days notice period by notice pay in lieu of notice period then it is not misconduct!

 

 

You should not remain entangled with Line Managers/HR personnel and approach good offices of appointing authority,MD,Chairman citing unequal notice period and  for waiver off notice period and pay of ……days……..and to supply you the acknowledgment of notice, acceptance of

 Resignation (although the reply if it is written reply can be deemed as acceptance of resignation)………….correct FnF statement for verification and acceptance affirming to adjust CORRECT notice period/pay in FnF statement, SERVICE CERTIFICATE, relieving letter, PF number with a/c slips of all years,ESIC card,NOC/NDC, acknowledgment of handover of charge/company property, Form16 as per correct FnF statement…………………etc by Redg. Post within and upto LWD i.e. dated………….as per notice of resignation……….and affirm that NO TASKS ARE PENDING at your end and routine duties be assigned that can be completetd on daily bais and within and upto LWD i.e. dated…………………and ask to whom you should handover the charge under proper acknowledgment on the spot.

 

 

 

Employees that do not form unions and affiliate with Trade Unions are ill informed and are susceptible to exploitation…..

                                                            

Employees at any designation can unite and negotiate their service conditions…….

 

The current and future employer may have a written or unwritten policy to give joining time of 30 days to incoming employees and 90 days notice period to outgoing employees………………

 

The employee should negotiate service conditions properly at the time of joining.

 

The contract of employment should promote equitable discretions and extract on the the notice period/pay posted by you can easily be termed arbitrary……….

 

 

The notice period/pay is part of service conditions that are governed by various enactments applicable to the establishment/employer/employee e.g. (name of the state) Shops and Commercial establishments Act, standing Orders (certified/model) and if you go thru these you will find that notice period is not more than 30 days……………………and these enactments being Act/instrument of law/statue shall prevail upon any private policy drafted by employer and signed with employee e.g. appointment letter/HR policy/service rules and regulations etc………………………

 

 

Your able labor Law Consultant/service matters lawyer may ask you a set of structured questions and opine that designation alone does not decide and you shall be covered as ‘Employee’ as in  (name of the state) Shops and Commercial establishments Act…….’Workman’ as in ID Act……………….and that standing orders shall apply to establishment and that if not certified model standing orders shall apply…………..and can also find out if standing orders were certified and your designation is covered….


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