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Discussion > Labour & Service Law > Others > Rules for Notice Period   Unanswered Threads Post New Topic

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There are 5 Replies to this message


Prashanth R


Software engineer
[ Scorecard : 34]
Posted On 18 November 2010 at 23:31 Report Abuse

Hi,

I have joined a software company  in the last month and I have completed almost 30 days in that company. Till now I have not got any work. Daily I am going to office and coming back. and Not even got any calls from any of the team regarding the requirement  in their projects.  So I would like to leave the company.

The clauses in apointment letter are as follows:

1. Your employment with the Company is subject to termination on  Two month's prior notice by either side.

2. The Company reserves the right to, at its sole discretion, substitute the notice period by paying
     you salary in lieu of the notice period.

3. For abundant caution, it is hereby clarified that you cannot waive the notice period requirement
in the event you wish to terminate your employment with the Company, and that your
termination/resignation letter (by whatever name it is called) will be accepted by the Company
only on your satisfying the required notice period as stated in our Company’s HR handbook.
Further, till such time as the Company accepts your resignation letter, you will be deemed to
be an employee of the Company and the terms and conditions of your employment will still
continue to bind you.

4. The Company shall have the right to terminate your employment immediately without notice or
payment in lieu of notice if:
a) You neglect, refuse, fail or for any reason become unable to perform any of your duties
under this agreement or comply with the Company policies and code of conduct. or
b) You are guilty of any misconduct whether or not in the performance of your duties
(including but not limited to being an undischarged insolvent, being convicted by any
criminal court, being involved in fraudulent acts, etc) or commit any act which in the
opinion of the Company is likely to bring the Company any disrepute whether or not such
act is directly related to the affairs of the Company; or
C) You commit any breach of any of your duties or obligations under this agreement or the
policies of the Company.
d) There is a discrepancy in the copies of the documents/certificates given by you as a proof
in support of the information provided by you.
In the event of termination under Clause 8.4.2, you shall not be entitled to any benefits
whatsoever.

I dont want to serve the notice period and more over any work is not assigned to me in this period.  so I want to get releaved in a day or two.

Please suggest on the below questions.

1. Is it necessory to serve the two month notice period? even if the work is not assigend to me.

2. Is there any alternate option if I dont want to serve the notice period ?.

3. Is it enough if I send a resignation or Is it necessory to Get the acceptance of resignation?

4. Is it necessory to get the releaving letter (to make sure there there will not be any legal issues)

Please suggest.



Online certification courses in IP, IT and Social Media laws


Madhu


xx
[ Scorecard : 22]
Posted On 17 January 2011 at 14:33 Report Abuse

Hi Prashanth,

 

Now i am in your shoes. Please tell me the answer if you have got any or tell me what did u do.



PS Dhingra, dcgroup1962@gmail. I am Online


[ Scorecard : 36751]
Posted On 18 January 2011 at 11:23 Report Abuse

Hi Prashanth,

If you really want to get rid of the company the following are solutions to your queries:

1. Is it necessory to serve the two month notice period? even if the work is not assigend to me?

 - As per you appointment orders and the erms of the company IT IS NECESSARY o serve two month's notice for resignation.

2. Is there any alternate option if I dont want to serve the notice period ?.

 - The alternaive in the absence of two mon's notice is serve 24 hours notice and be ready to deposit two month's salary in lieu of notice period.

3. Is it enough if I send a resignation or Is it necessory to Get the acceptance of resignation?

- It is necessary to get resignaion accpted, otherwise you can be terminatd or dismissed on account of misconduct of unauthorised absence on your part and you will get your career spoiled.

4. Is it necessory to get the releaving letter (to make sure there there will not be any legal issues)?

 - Your relieving letter is a must in the interest of your futue career with any other company, as the other company if come to know of your past record your career may further get spoiled. So, get yourself relieved honourably instead of getting a blot on your career.



Mallik Karra


Done with AIBE
[ Scorecard : 371]
Posted On 18 January 2011 at 15:21 Report Abuse

Hi Prashanth,

 

1) you have to serve the notice period...

2) you need to get the resignation accepted, and you have a right to get the acceptance in reasonable time else you can count the day of your resignation as your 1st day...

 



Amit Kumar Bhardwaj


Project Manager
[ Scorecard : 22]
Posted On 12 September 2011 at 17:30 Report Abuse

To-Mr. PS Dhingra . Sir, w.r.t your answer below-

Is it enough if I send a resignation or Is it necessory to Get the acceptance of resignation?

- It is necessary to get resignaion accpted, otherwise you can be terminatd or dismissed on account of misconduct of unauthorised absence on your part and you will get your career spoiled.

 

I once given resignation to HR from a well known telecom company with three month notice(as reqiuired as per HR offer letter terms). I didn't asked  for acceptance of resignation letter as I was giving fullfledge 3 month notice to them. I belive that employee has right for releiving and other documents If he is serving complete notice period. But I asked for acknowledgement that HR has received my resignation letter.But he didn't give any acknowledgement even after 3-4 reminders. My question is how company can refuse to accept the resignation letter if he want to leave the company and want to comply with all terms and condition.



prabhat


assistant manager
[ Scorecard : 27]
Posted On 12 September 2011 at 18:21 Report Abuse

dear friends-

plz help me

I joined the idbi bank on 9th feb as assistant manager in kanpur for further posting to any part of uttar pradesh.But i was transferred to kashipur branch ,uttaranchal after serving 25 days.I requested the idbi branch head kashipur through email dated 28th march 2011 to grant me leave for 6 months or give me the home posting as it was very tough for me to continue my service in kashipur branch ,due to some unavoidable reasons in my family.(my father was ill)I ALSO REQUESTED HIM TO ACCEPT MY RESIGNATION IF EITHER OF THE THINGS WERE NOT POSSIBLE.The branch head told me that my request has been forwarded to higher authorities ,and for further communication ,i have to consult the resource manager ,uttar pradesh.
                I consulted resource manager,  through email dated 18th april 2011 and she told me that my resignation has been accepted , and it will take at least a month to get a relieving letter form the bank.But I have yet not got any written communication from the bank.I also consulted hr -mumbai regarding my resignation ,and he also told me that my reignation has been accepted ,the only thing left was the permission from the higher authorities ,regarding my notice period.
                But Sir,till now ,i have not any communication from the bank,...

yesterday i call them for relieving letter  and they told me that you can join any other institutions without waiting for relieving letter...because u have worked fr just 20 days...and there is absolutely no need of  relieving letter    if u have not shown in ur new joining..........................i have repeatedly send them many letters  , but no response till now ............what should i do...? plz help me

prabhat




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