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mangesh mhatre (executive)     28 May 2012

Gross salary after resignation

Sir,

IN Limited company ,after resignation 3 month notice period is there. if someone want to relieve early then he has to pay 3 month gross salary or remaining day gross salary. actually this is very dangerous issue. no other company will wait for 3 month. also in todays life there is no law regarding increment per year. also harrassment in company is there.

kindly tell is there any law to resist such things???????

in my opinion company owner are doing frauds against people.

awaiting for ur reply.

 



Learning

 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 May 2012

in lieu one can pay 3 months salary, id next employer paying hansome salary. 

Some conditions are necessary. 

Employer too, suffer, due to sudden resignation of trained experienced staff. 

Kumar Doab (FIN)     29 May 2012

Mr. Shroff has given valuable advice. Kindly follow it. Employer would like to have experienced hands and also the tested hands.

The notice period is duration which employee can help the employer to complete the tasks assigned/projects, fulfill the exit formalities, train the employee designated as replacement, and thus avoid loss to the company.

Employer can utilize the time to complete the FNF settlement and handover payment of dues, experience/NOC/NDC documents to employee, attested copies of PF withdrawal/transfer forms etc.

If both employee and employer cooperate with each other, both can enjoy the farewell and retain the goodwill and rapport. Who knows in future employer may call the employee again and employee may approach employer, or the colleagues/line management may get to work again. World is small.

In case employee has resigned, employee should avoid abrupt termination and must tender reasonable notice. Employee should mention effective date of resignation/last day in office in the notice of resignation. If employee has accepted the terms and conditions expressed in appointment letter, employee should honor these e.g. may mention in notice that notice pay may be adjusted in FNF statement.

Majority of the employers compensate the new employee for loss of notice pay suffered.

Avoid payment of notice pay by cheque or employee may suffer double taxation.

If you are the right employee next employer shall settle the terms of appointment with you. Employee should apply exceptional levels of persuasion, persistence, negotiation, reasoning skill. These skills can be acquired.

While negotiating the CTC/salary/gross pay employee should negotiate hard. If the employer has not mentioned annual increment in appointment letter, that too should be negotiated. Each appointment letter is issued to individual employee and becomes an individual contract. Majority of the employer do insert that periodic appraisal shall be conducted. The offer of appointment and appointment letter/contract etc. should be shown to elders in the family, competent and experienced well wishers, trained legal brain, and lawyer/law firm. Employee should apply common sense and must not hurry to sign on the dotted line. In today’s scenario it is better to retain a lawyer. An advice in time can defend from legal traps in future. Employee should keep on adding skills and education to his resume. Employee should develop good social; circle and keep on consulting various issues faced by him/her.

Employment is not marriage. Employers do not marry employees and employee should not consider employment as marriage. Employee should justify the salary and deliver performance.

In addition to ID Act compliances have to ensure under various other acts. The employee as defined in these enactments would be protected.

Notice period is described in Labor Laws e.g.:

-- INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946

 

13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing
shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and
two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in
lieu of notice.

 

--SE ACt 

e.g. As per  SE Act applicable to Delhi:

Sec.34

30.

 Notice of dismissal

 

(2)

No employee who has put in 3 months' continuous service shall terminate his employment unless he has given to his employer a notice, of at least one month, in writing. In case he fails to give one month's notice he will be released from his employment on payment of an amount equal to one month's pay.

 

Then notice period is mentioned in advertisement for the post, letter of appointment, employment agreement, standing orders/service rules of the company as agreed upon between employer and employee's union.


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