Notice period
Abdul
(Querist) 03 August 2017
This query is : Resolved
Dear Sir,
In current company, notice period is 2 months.
I work as a BDM, reporting to managing director.
Since January 2017, due to receiving monthly salaries very late (like getting paid for last 2 months salary in the 3rd month) due to which i am unable to handle it further.
I have decided to look for another Job as my June and July Salary is still pending.
I got selected in a company, but they need me to join in 30 days time.
1. How to initiate communication with my current HR or managing director?
2. Is it ok to talk face to face or to write an official email?
3. My current contract does not disclose any information about buyout option, what will be the method for me to follow?
Thanks
Abdul
Kumar Doab
(Expert) 03 August 2017
Transact from personal email id or forward or download or print and keep record or preferably send letter thru Redg. Post and obtain tracking report and POD............
Kumar Doab
(Expert) 03 August 2017
Does the contract provide buy out option ( or notice pay in lieu of notice period) to employer if IT initiates separation by termination?
Contract of employment should promote equitable discretion's!
Does your next employer agree to absorb you without service certificate, relieving letter, FNF settlement/statement from current employer......................and on the strength of copy of notice of resignation+final resignation and at the most It's POD?
Does it agree that it won't ask for any affidavit from you to affirm that you shall supply service certificate, relieving letter etc within...................days or your employment can be terminated?
Have you appraised next employer during interview verbally/in employment application that current employer has notice period of 2 months..................and have you mentioned joining period of 2 months?
Have you appraised next employer that current employer may not give you clear BGV and may post adverse comments due to reason that you shall not be serving full notice period?
Will your next employer still support you and let you remain in employment and will not terminate you?
Will next employer buy out your notice period?
Rajendra K Goyal
(Expert) 03 August 2017
You should use email / letter for communication.
Even after oral meetings you should send email confirming the points of discussion.
Kumar Doab
(Expert) 03 August 2017
Although you have posted your designation as BDM; still
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab
(Expert) 03 August 2017
Post your reply pointwise for further discussion.....
Abdul
(Querist) 04 August 2017
1. Employer Contract does not mention anything about buy out option.
2. I did not had any discussion with my next employer regarding absorbing me without
a. Service certificate
b. Relieving letter
c. Fnf statement from current employer.
3. I have clearly informed next employer about my current notice period as 2 Months.
4. They have asked me that if I can join in 1 month
5. They have asked me if I have a buy out option with my current employer?
6. I said, once I get an offer in hand then I will be in a position to discuss this with my current employer.
7. I haven’t talked about BGV with my next employer.
8. Next employer is ready to buy out my 1 month notice period.
a) Current employer is a small software development private company with employee strength of 30.
b) Its nature of business is IT services, IT staffing, IT Product selling and supporting.
c) My designation is BDM but I do multiple job roles as:
• BDM
• Recruiting manager
• Support Lead
• Quality testing lead
• Operations manager
d) 5 persons report to me.
e) I do not have any power to santion leave/increment/appoint/terminate etc.
f) I am in Telangana – Hyderabad
g) I am working since December 2015 with current employer
h) No, standing orders does not apply to establishment and my designation.
i) As per appointment letter, my notice period is 2 months.
j) And I have no inconvenience for tendering 1 month notice period.
k) I was never issued any memo or misconduct notice
l) I am not a member of any union
m) Current employer has given me offer letter, appointment letter, salary slips of all months
n) PF number is also given
o) I have not yet initiated conversation/ resigned with my current employer.
Kumar Doab
(Expert) 04 August 2017
You have not replied to some of the points e.G;
Does the contract provide buy out option ( or notice pay in lieu of notice period) to employer if IT
initiates separation by termination?
Kumar Doab
(Expert) 04 August 2017
Take your next employer in confidence to accept you on strength of copy of notice of resignation, final resignation and their POD and to stand by you if current employer does not provide any of the other docs as mentioned above and does not clear BGV or posts adverse comments, since you did not agree to serve full notice period.
Take current employer in confidence to relieve you with good comments and try to provide internal/external replacement, train replacement, complete all tasks on hand and offer to tender notice pay in lieu of notice period............
If you can achieve it with your skills and amicably, nothing like it..............
Kumar Doab
(Expert) 04 August 2017
Other perspectives are:
To be a member of employee's/IT-ITeS employee's unions/trade unions and seek their support
Seek support of a local very able senior counsel of unshakable repute and integrity specializing in Labor /service matters
There might be some comments/communications that may indicate to decision making, authority or may not be...............
I am sending you a few links that you may go thru and pick up relevant points...
Kumar Doab
(Expert) 04 August 2017
TELANGANA SHOPS AND ESTABLISHMENTS ACT, 1988...........available version is apparently replica of The Andhra Pradesh Shops and Establishments Act, 1966 ..
GO thru:
'Sec;47 (1) No employer shall, without a reasonable cause terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee atleast one month s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for a period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment:
Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.'
https://labour.telangana.gov.in/ActServices.do
https://labour.telangana.gov.in/content/links/TELANGANA%20SHOPS%20AND%20ESTABLISHMENTS%20ACT,%201988.htm
Kumar Doab
(Expert) 04 August 2017
The enactment does not lay down notice period for employee.
ID Act also does not lay down notice period for employee.
The Act does lay down notice period for employer as per length of service.
By equitable discretion ( amicable and discretion of employee) the notice period should not be more than that of employer and as per Act..................i.e. 30days ( as per length of service) .
You might be covered by the def. of 'Employee' as in the Act...
