Serving notice period in MNC
priya
(Querist) 04 April 2017
This query is : Resolved
My friend has got a very good offer from a top company which is ready to buy back his notice period of 3 months in his current MNC. But, the problem is he can serve only two months notice period here after that he should join the new company. His manager is ready to relieve him after transition but only the HR are creating the issue telling that remaining 1 month should also be served even if he completes transition and are not accepting for a buy back. They are literally telling him to leave that offer which is a turning point of his career. Since we common people do not know the labour laws we are being harassed. Please help us with a solution. He is under financial pressure so cannot leave the new offer. Please help us immediately.. we are suffering. How can they Harrah's the person and stop him from moving up in his profession and they are not ready to give that compensation to retain him..
priya
(Querist) 04 April 2017
Please help with a quick response
Guest
(Expert) 04 April 2017
If buyback of notice period is not permissible in the terms of original offer of appointment or appointment letter, which you have not mentioned, even law cannot help. To relax the terms rests only at the discretion of the competent authority of your friend's organization.
Kumar Doab
(Expert) 04 April 2017
Similar queries have been discussed many times at LCI and can be searched in Search option and corresponding rules/ACT/judgments can be downloaded.
Many authors/querist have posted such queries and have resolved without need of any litigation.
The notice period of 90 days, may not necessarily be applicable in your case.
The condition of NO Notice pay in lieu of notice period may not necessarily be applicable in your case.
If not applicable ( determined per enactments applicable in your case) then you need to request the employer and employer can grant waiver.
HR person may not be necessarily be employer in your case. He /she may be a Manager and stakeholder and may be in a position to help you.
So remain gentle and amiable.
Or HR person as per his masters policy for him/her may not be inclined to get any concession/waiver.
Therefore if required escalate to good offices of appointing authority.
Kumar Doab
(Expert) 04 April 2017
What is this compensation that you have demanded to remain in this/present establishment?
Have you demanded it in writing?
Have you resigned in writing under proper acknowledgment and mentioned notice period/LWD in it?
Do you have the copy/acknowledgment, proof of dispatch, delivery of notice of resignation?
How has HR asked to serve for another 90days: verbally or in writing?
Kumar Doab
(Expert) 04 April 2017
What is this establishment: Commercial, Industrial?
What is its line of business; say Banking, IT?
The employee is located in which state?
Does Company have an office in this state?
The reporting office, Redg. Office, HO is located in which state?
How many people are employed in establishment?
What is employee’s designation and nature of duties on record?
How many persons report to employee?
Does employee has any power to sanction (not just recommend) leave/increment/appoint/terminate/appraise etc etc?
Can anyone cancel/amend employee’s recommendations?
The employee has worked for how many months?
The employee is under probation or confirmed?
Do standing orders (Model/Certified) apply to establishment and designation of employee?
Is it stated in appointment letter that employee can tender notice pay in lieu of notice period and what is the rate of notice pay mentioned in it?
Is it stated in appointment letter that employer can tender notice pay in lieu of notice period ( if it initiates separation by termination) and what is the rate of notice pay mentioned in it?
Is it stated in appointment letter that employee’s service conditions shall be governed by …………policy/rules of the company? Was copy of any such policy/rule provided before signing appointment letter?
Is it stated in appointment letter that employee agrees to abide by …………..policy/rule of the company and any such/new rules/policy introduced in future?
Shall next employer absorb employee ONLY on the strength of copy of acknowledgment, proof of dispatch, delivery of resignation? OR it can cancel offer if service certificate, relieving letter is not submitted by employee? Or it can terminate later if service certificate, relieving letter is not submitted by employee?
Does employee have copy of salary slip of all months, Form16 of all years, PF number and a/c slips of all years, ESIC card etc etc?
Does employee have copy of all HR policies applicable to employee/service rules, exit policy, employee handbook etc etc ?
Sri Vijayan.A
(Expert) 04 April 2017
I endorse the view of Expert PSD sir.
In this circumstance, advise your friend to negotiate with the new firm to extend the joining time for three months.
Simultaneously, negotiate with present firm for curtail the notice period to two months.
Guest
(Expert) 04 April 2017
Dear Sri Vijayan,
Thanks for endorsing my view.
Guest
(Expert) 05 April 2017
Usha ji,
Thanks for agreeing with me.
Rajendra K Goyal
(Expert) 05 April 2017
Agree with expert Sri Vijayan.A.
Try to have amicable settlement.
Sri Vijayan.A
(Expert) 11 April 2017
I welcome Exp.Dhingra Sir for accepting my endorsement.
I thank Exp.Rajendra K Goyal ji for agreeing with my views.
I thank Exp.Kumar Doab ji for posting a detailed advise on HR matters.
I advice the Author Priya to go through the advise of Exp.Doab and act accordingly.
Kumar Doab
(Expert) 18 April 2017
Thanks for agreeing and appreciating Mr.Sri Vijayan.A
Guest
(Expert) 19 April 2017
Dear Sri Vijayan,
It is your greatness, if you thanked a person mistaking an irrelevant long question bank of a person, as a detailed HR advice, which the author did not prefer to touch for reply. Probably, the author, Ms. Priya knew that nothing such in the name of advice on HR matter is contained in that vague and irrelevant long question bank that too from a person having no real identity to be relied upon.
