Please help! manager not releasing in 1 month: company notice period 2 months
Anju Pathak
(Querist) 01 April 2014
This query is : Resolved
Dear All
I work in MNC with 2 month notice period.
Below is the clause in my employee agreement which was signed by me at the time of joining –
Termination of Agreement
Either party is required to give written notice of intention to terminate the employment agreement or pay an equivalent amount calculated on basic pay for the unserved period of notice. The notice requirement shall be as follows :
Employees on probation: One Week
Confirmed employees: Two Month
Am I bound to work for full 2 months?
OR
I can get release after 1 month and paying 1 month equivalent amount?
Kindly provide your expert advice urgently !
Regards
Anju
Kumar Doab
(Expert) 01 April 2014
As per the language and extract posted by you either of employer or employee can tender notice pay in lieu of notice period.
Permission of Manager may not be required.
Resignation can be without permission and notice.
Manager may not be the competent authority to appoint, accept notice, terminate.
Manager is not your employer.
Notice of resignation/resignation is personal matter and should be submitted to good offices of appointing authority, MD………………………..preferably by letter thru redg. Post with AD, and notice period being tendered, effective date of resignation be clearly mentioned, adjustment of notice pay towards shortfall in notice period, as per clause number………………………..in appointment letter daed……………. in FNF statement be affirmed.
It should be mentioned that NO tasks/assignments as on date are pending and routine duties that can be completed within and up to last day/date in office i.e. dated……………………………..be assigned on day to day basis and to whom the charge should be handed over, under proper acknowledgment on the spot.
The good offices should be requested to acknowledge receipt in writing and ensure that acceptance of resignation, service certificate, relieving letter, FNF statement for verification and acceptance, payment of FNF dues by bank DD, PF number-a/c slips, ESIC card, Form 16 is issued ands supplied by redg. Post before and within and up to last date in office.
If company has some internal resignation software tool and you are being pressed to post it there then prior to that submit the letter and quote the reference of letter already submitted and brief minutes.
Download the copy.
Since you are apprehending resistance from manager you should be careful and build favorable record in writing under proper acknowledgment with a copy to you.
For service conditions e.g. notice period/pay appointment letter alone should not be referred to and standing orders, service rules and regulation may also be gone thru.
Anju Pathak
(Querist) 02 April 2014
Dear Kumar
Thanks for your expert advice & clearing the doubt.
Here, my line management (L+1,L+2) are not willing to release me within 1 month. They are adamant to it.
Also, till now I have not received any response on my resignation mail.
What should I do to take release in 1 month in a healthy way?
Regards
Anju
Kumar Doab
(Expert) 02 April 2014
It might be a policy/practice that resignation should be submitted by a signed letter only, and therefore the email is not being responded to. Otherwise also resignation should be preferably sent by letter thru redg. Post.
You are right that such matters can be resolved in healthy manner by applying rapport, goodwill, exceptional levels of reasoning, persuasion, persistence, negotiation skills and approach should be tactful.
However employee should build evidence in the form of written record preferably in writing, under proper acknowledgment with a copy to self for use at appropriate time in appropriate forum.
Verbal transactions are difficult to prove.
You should not leave any room for company to charge you on any count………………..
There are many threads on similar queries that you may find relevant, e.g;
http://www.lawyersclubindia.com/forum/Resignation-and-notice-period--99927.asp#.Uzu_3EeBmXU
Subsequent to email submit a letter (same date as on email) by redg. Post to good offices of appointing authority, MD……………………….. and cover all points as suggested.
You may think upon attaching a cheque for notice pay along with resignation letter and demand acknowledgment. ON the reverse of cheque mention detail of Notice pay being tendered thru it, cl;ause number…………………..of appointment letter dated………………. and keep copy.
Or
You may ask good offices to adjust notice pay in FNF statement and supply it for verification and acceptance by you.
You may seek an appointment from good offices and meet them and submit minutes of discussion, of course under roper acknowledgment with a copy to you. Build sufficient record that shall support your matter and establish that you have tried your level best but Managers were adopted a zealous and vindictive mindset…………………….
Submit regular reminders preferably by redg. Post.
Employer may ask the employee to serve full notice period, it some tasks are pending and it shall suffer financial or other loses and employee is unwilling to indemnify it against such loses.
Therefore download full record to show that all tasks are completed by you and on the date of submission of resignation nothing was pending………………………………..and also request to assign duties that can be completed on day to day basis within and up to expiry of notice period/last date in office……………..
It shall be appropriate to show the record: including job advt., job application, interview call letter, selection letter, offer letter, appointment letter, HR Policy/service rules and regulations mentioned and referred to in appointment letter,……………………………….etc to a competent and experienced labor consultant/service lawyer in person and you should proceed further after you have understood the merits based on record and inputs.
If you think it is appropriate you may ask your lawyer to take on and apply his skill of conciliation, mediation, arbitration and resolve the matter on your favor ……………………………………
If despite all of the efforts employer/line manager does not provide any relief then based on favorable record and evidence that you have built you can approach lawful authority……………………….court of law, if required.
