not serving notice period
rahul
(Querist) 14 January 2014
This query is : Resolved
hi
i am a chartered accountant working in genpact
i have joined the organization 2.5 months ago bt due to sme family prblm I have to resign
bt my manager is saying to serve notice period of 3 months
which i cant serve
they r saying if i dont serve the notice period i.e. dont come to ofc they will do a legal action against me.
i have asked them i m ready to pay notice.period salary bt they r not ready.
so wht r the consequences.i have to bear in this case ....
Devajyoti Barman
(Expert) 14 January 2014
Do you have any contract with them regarding working or not during notice period?
Whatever is there, both of you are bound by it.
If nothing is there then you are legal bound to serve or else to bear compensation.
However a the same point of time let me assure the companies hardly run after the employees to recover compensation if any in breach of such terms.
So do not worry about any legal action.
ajay sethi
(Expert) 14 January 2014
it is advisable to serve the notice period . what were terms of your appointment letter . does it mention 3 months notice period to be served ?
if an option is given in appointment letter you can pay salry in lieu of notice period .
it is doubtful whether company will take any legal proceedings
Advocate. Arunagiri
(Expert) 14 January 2014
If your appointment order, says about the notice period, you are bound by it.
If you are not in a position to give the notice, explain the situation to the HR manager, they have the discretion to waive the rules.
Kumar Doab
(Expert) 14 January 2014
>> Family problem is a valid reason to resign.
>> Employee should tender reasonable notice, complete assignments on hand help the employer in handover of charge, submit company property.................
>> The good offices of appointing authority, MD, CEO, Chairman can grant a waiver. You may write to them for the same under proper acknowledgment.
Your manager is not your employer. He is probably not empowered by board of the company to accept or reject your resignation. Rather in case of low headcount he may still have to complete the tasks. The arm chair managers are wary of it while many of the industry Captains do not believe in blocking the way of employee that has decided to retire (resign). They feel that attrition does not affect them rather it gives them opportunity to work better and be equipped to handle any situation. They state so in writing in media.
>> You are in probation period or joined as a confirmed employee?
Is it stated in appointment letter that employee has to tender notice of resignation or tender notice pay in lieu of notice period.
If yes you may ask to adjust notice pay in FNF statement and supply it by redg. post to you for verification and acceptance.
Is it stated in appointment letter that employee has to serve full notice period compulsorily and can not tender notice pay in lieu of notice period, implying that option of notice pay in lieu of notice period is not available to employee?
Is it stated in appointment letter that appointment can be terminated by the employer by giving 3 months notice or by paying notice pay in lieu of notice period, implying that employer can terminate any time and employee can not claim as a matter of right to serve the full notice period?
.
>> Resignation can be without permission or notice.
You may shift from asking, telling, saying, hearing mode to written mode.
Submit resignation addressed to appointing authority, MD preferably by redg. post. and request to waive off the notice period and notice pay citing valid reasons.
Do not forget to complete all assignments on hand and to write that nothing is pending at your end as on date and routine duties be assigned that can be completed within and up to last day/date in office/expiry of notice period and to whom you should handover the charge, company property under proper acknowledgment on the spot.
Issue reminders under proper acknowledgment and submit final resignation under proper acknowledgment.
>> For applicability of Notice period and service conditions you may look into standing orders applicable to the establishment (Certified/Model) and extended to your designation.
Standing Orders shall prevail upon any private agreement that employer has signed with employee e.g; appointment letter, contract of employment etc...............................If notice period in standing orders in NIL it can’t be even 1 day in appointment letter. Employer PERSONALLY is held responsible for faithful observance of standing orders.
>>If standing orders are not applicable in your case the service conditions including notice period, notice pay may be as per appointment letter, service rules..........................................and in such a case you may have to tender the notice pay.
In such a case you may demand to adjust the notice pay in FNF statement and supply the correct FNF statement for verification and acceptance. The company shall compute all paybles by it e.g, wages for days worked, Paid Leave, Bonus, reimbursements, incentives...................etc and paybles by you and the notice pay thus may get squared off...................
There are many threads on similar matters which you may find relevant e.g;
http://www.lawyersclubindia.com/experts/Standing-orders-442266.asp#.UtKr1dIW1MA
http://www.lawyersclubindia.com/experts/Left-job-without-serving-notice-period-any-legal-action--447186.asp#.UtUsEtIW1MA
http://www.lawyersclubindia.com/experts/Resignation--446881.asp#.UtUscNIW1MA}
Rajendra K Goyal
(Expert) 14 January 2014
Well advised by the experts, agree to it.
Rajeev Kumar
(Expert) 14 January 2014
No need for further addition.
Raj Kumar Makkad
(Expert) 15 January 2014
I have also the similar opinion so no more to add.
rahul
(Querist) 20 January 2014
meanwhile i have got opportunity from othr co. which is paying me a handsome amt of salary.
i hav not told abt my past employment in genpact to the.nrw co.
can this be found out in background checks.
nd wht will be the legal consequences or damages that i will suffer if i get abscond.
ajay sethi
(Expert) 20 January 2014
we have advised you not to suppress facts . t time of back ground checks company may discover that you have concealed some facts regarding your previous employment . company may take disciplinary action against you
