Ashutosh Pillewar 13 June 2016

Early release durng notice period on the basis of settlement

Hi all,

I work in an IT MNC here in Pune for 3.4 years.Recently due to some personal problems/urgencies at home, I found myself unable to continue to work here and wanted to quit the job and go back my home,Ujjain. I am not tagged to any of the projects there. I resigned from the firm on 2nd June 2016 and acc. to company policies have to serve 90 days of notice period(Last day-30th August 2016). But,the personal urgencies are not allowing me to serve the notice period compeletly(only till 2nd July 2016,1 month out of 3 months notice period). I requested the concerned HR person to settle and decrease the notice period,but she aggresively refused for it and threatened me of blacklisting and legal notices. I just want to know that if I deny to serve and ready to pay for the notice period compensation,will there be some real legal consequences for me or not. If yes then what can be the severity of it and how can i achieve what I am asking for.Also,help me with the numbers of acts and laws relevant to this so that I can mention them in fornt of that HR person.

Regards,

Ashutosh Pillewar

Reply Follow

1 Replies

Kumar Doab (FIN) 13 June 2016

While initiating such queries employee should post the basic information:

You may post the exact extract from appointment letter on termination/resignation/ Notice Period.

Have you submitted resignation? Is there any software resignation tooL? Did you tender notice or resignation with immediate effect?

Did you quote reason in notice of resignation, resignation ( e.g; issues as posted by you.........................)?

What is your designation and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations?

You were in which state ( Noted: Pune , Maharshtra)?

Does company have its office at your current location and next location e.g. Hometown?

Does your address in company records remain the same?

What is this establishment; Commercial/Industrial (Noted; IT company) ?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?

What was your last drawn salary?

You were under probation/confirmed?

Do you have acknowledgment of notice of resignation and its POD, salary slip of all montsh,FnF statement,PF a/c slips of all years, ESIC acrd, Form16 of all years...............?

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................i.e date of submission of notice/resignation NO Tasks are pending at your end?

Has employer supplied anything to you in writng, till date?

What was the max. number of employees this company had any point of time?

Did you record the threats (audio/visual/minuted/witnessed)?

Is she ( HR person) authorized to accept or decline to accept your resignation?