Notice period
Varun
(Querist) 19 June 2015
This query is : Resolved
Notice Period: I Joined A MNC 10 Years Ago And It Then Had A Notice Period Of 2 Months, 2 Years Ago Notice Period Was Changed To 3 Months And Is Strict. But It Was Changed In System But No Signed Hard Copies Were Given. Relieving A Day Early Or Buyout Are Not Entertained. The Prospective Employers Are Skeptical To Wait Until 3 Months. Sometimes I Feel Like Risking My Career By Joining Without Relieving Letter And I Do Feel Remorse But My Career Prospects Are Getting Affected. I Have Been Trying To Change For Last 2 Years But Notice Period Duration Is Blocking My Growth. What Should I Do?
If I Go Ahead Without Relieving Letter Can I Request For Experience Letter? Are Employers Bound To Give Experience Letter?
Adv Shrikiran.B
(Expert) 19 June 2015
Dear Varun,
Your employer may not relieve you without you serving your notice period.
They may also not provide you with your relieving letter or experience letter if you leave without serving them during notice period.
You can have a talk with your employer and impression upon them your wish to move forward for better prospects.
However, it completely depends upon your convincing and persuasion skills which can move the employer.
Please note that the employer is not bound to issue relieving letter/experience letter if you fail to serve the notice period.
For any clarifications, call 09618069453
Regards,
B.Srikiran
Advocate
Guest
(Expert) 19 June 2015
Your career development depends upon your lawful actions, not in haste. Be patient, get relieved honourably. If you could wait for two years after change in notice period, why you should not wait for another three months after serving notice of three months? Any blot in your career by not acting as per service conditions of your campany can hamper your future career also.
Kumar Doab
(Expert) 19 June 2015
Employee should build rapport and goodwill and apply it.
An employee should refine persuasion, persistence, reasoning, negotiations skills. Any skill can be acquired. In your case you need to skillfully handle both current employer and more so prospective employer as your inner wish is to change.
Employee should know the raw nerves, hot buttons and how to press these.
Your appointment letter issued 10 years back and any corrigendum, confirmation letter, increment letter (s), promotion letters(s), HR policy/Service Rules and Regulations/exit policy etc etc mentioned in appointment letter should be shown verbatim to an able Labor Law Consultant/Service Matters Lawyer/Law firm ................and inputs be given to form an opinion and suggest remedies and merits.
Unorganized/non united employees face many problems.
10 years back, 2 years back, today and tomorrow the notice period/pay was and would remain part of service conditions and service conditions are governed by various enactments applicable to the establishment/employer/employee…………………….and these enactments will prevail upon any private agreement/rule/policy drafted by employer and signed with employee……..e.g. appointment letter, contract of employment, HR policy, service rules and regulations…………..
What is this establishment registered as: Commercial, Industrial?
What is its line of business:IT,ITeS, banking etc
How many maximum persons are employed in it at any point of time?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules that are mentioned in the appointment letter?
Is it stated in appointment letter that your service shall be governed by say: HR policy and/or rules framed from time to time? Was this HR policy supplied before appointment letter/with appointment letter/after appointment letter? Whatever are the rules, T&C, policy it should be properly notified, kept in knowledge domain and accepted by both the parties!
Employer and its attorneys in HR/legal cell are known to scream for deemed acceptance.
You could have declined to accept the change in notice period 2 years back.
Courts have also acknowledged that employee is on weaker side!
Is it stated that employer can terminate without notice period? Contract of employment should promote equitable discretion's or it can easily be termed arbitrary!
Was any notice issued for change in notice period by email/circular/letter etc?
Was it ever communicated that HR policy is available at HR portal?
Was any appointment letter, salary slip of each month, PF number with a/c slips of each year, ESIC card, Form16 given to you?
Whenever you resign; tender notice of resignation (say 30 days) in writing by letter addressed to appointing authority/MD, under proper acknowledgment and mention NO tasks are pending at your end, routine duties be assigned that can be completed on day to day basis within and upto expiry of notice period i.e dated……………. and to whom you should handover the charge under proper acknowledgment on the spot, within LWD set by you?
Demand to supply by Regd. Post only, acknowledgment of notice of resignation, acceptance of resignation, correct FnF statement in original, payment of FnF wages as per correct FnF statement showing computation of earned wages/reimbursements/incentives/perks/OT/leave encashment/bonus/Gratuity/adjustment of correct notice period/pay at correct rate etc……………, Payment of FnF payouts by bank DD only NOC/NDC, Form16 as per correct FnF statement, service certificate, relieving letter, is supplied to you by Redg. Post so as to be supplied within office hours of LWD?
30 days notice period by all counts should be sufficient for the employer to put his/her house in order.
Relieving letter signifies that employee has separated and nothing is due from employee.
Since it has become a custom/necessity/condition due to conduct of employers……………..it has become a kind right of every employee to get relieving letter for employ-ability.
Service certificate should be supplied to each employee.
Are you a member of any employee’s/Trade Unions?
What was your monthly salary?
You should provide full information, pointwise!
Rajendra K Goyal
(Expert) 19 June 2015
If you are able to get alternate job and allow you to join after your notice period, Complete the notice period and say happy goodbye to the company with whom you have been associated for such a long time.
Kumar Doab
(Expert) 20 June 2015
If the matter can be resolved amicably at a happy note then there is nothing like it.
The employee wants to change but current employer is unwilling, the prospective employer is unwilling, then what are the possibilities.
It is feared::: NONE.
You may have to remain employed with current employer till your age of retirement.
Although the current employer and prospective employers would have a private and internal rule to have a joining period of say 7/15/30 days for incoming employees and notice period of 90 days for outgoing employees.
