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mahesh (Software Developer)     29 May 2015

Serving notice period...

Greetings, 

I am currently working as software developer in an IT firm. I have got an offer from another company which I have accepted.  But problem is date of joining is 8th of June which they are not willing to change. My current employer is unwilling to relieve me so early . Even if I opt for buy-out. I am very much in trouble as I have already resigned. I would really like if you guys help me out here. Our resignation policies. 

3.8    The releaving date may get decided in one of following manners -
    3.8.1    Employee serves notice period as stipulated. He will be paid normal salary during his notice period. His balance leaves will be encashed as per the leave policy document. (Except for scenario #3.9 below)
    3.8.2    Employee wants to get releaved earlier than the stipulated notice period and management agrees to this request. In this case, the employee will be paid normal salary for the notice period served. However, he will have to pay back the company

    for the notice period not served. This will be counted as the no of working days from the releaving date to the End Of Notice Period. The amount paid back will be calculated as per the formula given for leave without pay in leave policy document. Any balance leaves will be encashed as per the leave policy document. Please note that clause #3.9 will still apply for the notice period served.
    3.8.3    Employee wants to get releaved earlier than the stipulated notice period and management agrees to this request. Also, the management decides to adjust the balance notice period against the leaves available for the employee. If there is excess leave available with the employee, it will get encashed as per the formula given in leave policy document. If the balance leave is less than the notice period not served, then employee will need to pay the company for the balance days as per the formula given for leave without pay in leave policy document. Please note that clause #3.9 will still apply for the notice period served.
    3.8.4    Seclore does not want the employee to server the entire notice period. In this case, the employee will get releaved earlier. Normal monthly salary will be paid to the employee till the releaving date. Please note that clause #3.9 will still apply for the notice period served.
    3.8.5    Company expects the employee to work even beyond the notice period and the employee agrees for the same. The employee will be paid him normal monthly salary during this period.

 

 

​Thanks 



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 May 2015

We are unable to read your post clerly

mahesh (Software Developer)     29 May 2015

I am sorry for that. Updated the post.

sonujoshi   29 May 2015

dear sir, I hav left my previous co on 8 may 2015 after resigning on 30 apr 2015 by stating that i will not be able to serve them after 10 may 2015. my ex employer tried to retain me after some negotiations with me till 07 may 2015; on 08th like before i hav clarified them tht i am not interested in their offers so i asked for acceptance of resignaton which i was asking since 30 apr 2015. they have accpted the resignation of mine & shared a hard copy of the same but then my boss came to me n said there is an error in tht letter so out of trust i gave him the letter back but kept the xerox with me, Then within 5 min a mail from the desk head who was not present at tht moment in ofc tht my resignation without notice cant b acceptable. I also clarified in my 1st mail of resignation tht i will give them notice of 10 days only & will pay for the rest of period i.e 80 days; I hav joined the co on 09 apr 2012 n signed a bond of 3 yrs in which it was clearly mentioned tht upon completion of 3 yrs i will be paid 3 lacs but in apr 2015 salary they havent paid me the amount they even put me a mail to submit guarantee chq of 3 lacs which i used give them every 2nd month. Also in my contract paper there is clearly written that i can leave after completion of 3 yrs either by serving 90 days notice or salary in lieu of. yesterday whn i had words with (that cheap person) she said tht she wont settle my accounts n wont accept my resignation. Also said tht u cant leave like this as we hav trained u for 3 yrs n all paid u hefty sal n all. I also hav gone through financial stress n harassment due to this bcz i bought a land at my home town as i relied upon tht 3 lacs will come so i am indebted of tht also n facing stress out of it daily.

also i hav PF account with them so i want tht too get settled.

dear sir,

I hav left my previous co on 8 may 2015 after resigning on 30 apr 2015 by stating that i will not be able to serve them after 10 may 2015. my ex employer tried to retain me after some negotiations with me till 07 may 2015; on 08th like before i hav clarified them tht i am not interested in their offers so i asked for acceptance of resignaton which i was asking since 30 apr 2015.

they have accpted the resignation of mine & shared a hard copy of the same but then my boss came to me n said there is an error in tht letter so out of trust i gave him the letter back but kept the xerox with me, Then within 5 min a mail from the desk head who was not present at tht moment in ofc tht my resignation without notice cant b acceptable. 

I also clarified in my 1st mail of resignation tht i will give them notice of 10 days only & will pay for the rest of period i.e 80 days;

I hav joined the co on 09 apr 2012 n signed a bond of 3 yrs in which it was clearly mentioned tht upon completion of 3 yrs i will be paid 3 lacs but in apr 2015 salary they havent paid me the amount they even put me a mail to submit guarantee chq of 3 lacs which i used give them every 2nd month.

Also in my contract paper there is clearly written that i can leave after completion of 3 yrs either by serving 90 days notice or salary in lieu of.

yesterday whn i had words with (that cheap person) she said tht she wont settle my accounts n wont accept my resignation. Also said tht u cant leave like this as we hav trained u for 3 yrs n all paid u hefty sal n all.

I also hav gone through financial stress n harassment due to this bcz i bought a land at my home town as i relied upon tht 3 lacs will come so i am indebted of tht also n facing stress out of it daily.

plz guide me. I am considering various options first from negoting politely on ph & mail. 

if they wont settle my account then putting case of forgery against them on the count of not paying me 3 lacs as well as a case of harassment & distress each accountable person.

 

Please guide me.

Kumar Doab (FIN)     29 May 2015

@ Mahesh,

 

Repeated Query:

 

https://www.lawyersclubindia.com/forum/Serving-notice-period-121690.asp

Kumar Doab (FIN)     29 May 2015

@ Sonu Joshi,

 

Repeated Query:

 

https://www.lawyersclubindia.com/forum/Not-serving-notice-but-ready-to-pay-in-lieu-of-frm-the-dues-121696.asp#.VWidAlJ-hkg


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