Upgrad LLM

3 month notice for one month service?

Sr.consultant

Hi,

I have recently joined a company out of my home town. After about a month of being separated from my kid, I am realising that impact is greater for the child than me, and I wish to go back. Since I had just joined, no work was assigned to me, and there is no task pending from my end. I have been non billable, and never client fronted. Now when i resigned, the Manger is asking me to serve a 3 months notice. I have been here only for a month! and he does not have any work for me as well. I offered to buy out the notice period as well, but they are denying that as well. Pls let me know if I can do something for this..

 
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FIN

The employee is expected to serve the employer for a reasonable period of time. Although the employment can be terminated by employer and employee however both should be reasonable to each other.

The reason you have mentioned is compelling. You need to convince your appointing authority now as you are not able to convince your, line manager. You may also undertake next employment at the location of your family.

Has the company issued you any appointment letter and have signed the acceptance? What is the notice period expressed in your appointment letter? Have you received any salary from company?

if you have received salary and have not received any appointment letter company can allege that you have accepted the appointment without any order. However if there is no appointment letter then you can issue a reasonable notice/notice pay of one month @ Basic pay.

Employer can not coerce/force you to serve the notice period of 1, or 2 or 3 months. You are liable to compensate for the shortfall in notice period if there is any notice period applicable to you.

You have posted that you have resigned. It is believed that you have submitted a resignation in writing.

It is also believed that your transactions posted by you are verbal.

You may submit a representation in writing to good offices of your appointing authority, MD, Head-HR, Company Secretary and express your compelling reasons to give up the employment and offer to tender notice pay @.............as agreed in your appointment letter/or basic pay, for the notice period.............as applicable in your case, after the receipt of FNF statement, and mention the effective date of your resignation. You may also mention that company should supply you FNF statement mentioning payables to you and receivables from you and if any amount is payable at your end you shall pay the same by a/c payee cheque favoring the company and receipt of the same has to be issued to you on the spot, under the original seal and signature of the competent employee of the company.

You are a female and a mother therefore good offices should understand your compulsion, and either waive off the notice period or accept your offer of notice pay.

You may submit your final resignation on effective date of resignation, handover the charge under proper acknowledgment and leave the company.

 
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