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vikki (software engineer)     27 November 2014

Should i swich without notice

Hi,

i am working in a mnc chetu india private limited. There is a notice period of 3 months in our company. I have served 5 months in this company and my probation period is going to be complete in next month. Everything is fine here till now.

But recently i got offer from another MNC which is giving me higher package and forced me to join immediately without releaving letter. Problem is there that my profile will be changed completely and if i stayed here then in future i have to serve 3 months notice and no one will wait for 3 months. Should i switch to that company now?



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 1 Replies

Kumar Doab (FIN)     02 December 2014

The notice period/pay may not necessarily depend upon the private agreement created by employer and signed with employee e. g. appointment letter, contract of employment etc... The notice period/pay is part of service conditions that are governed by various enactment applicable to establishment and employee/employer....E.g. standing orders(certified/model),Shops and Commercial Establishment Act...... and these being instrument of law/statue/enactment shall prevail upon any private agreement created by employer and signed with employee... As per model standing orders notice period/pay during probation period is NIL..... As per Shops and Commercial Establishment Act notice period/pay shall be as per length of service. If notice period/pay stated in appointment letter issued to you during probation period is NIL then you may cite reference of clause no......and tender resignation. Employee should always tender reasonable notice by letter thru Redg post addressed to good offices of appointing authority /MD and affirm to handover the charge under proper acknowledgement on the spot and claim that no tasks are pending at his end in notice/resignation.... and request to supply acknowledgement /acceptance of resignation and service certificate, relieving letter, FnF statement,FnF dues payment, Form 16,PF number -a/c slips,ESIC CARD, NOC/NDC etc on last day/date in office.... Even if next employer has agreed to absorb without relieving letter, employee should obtain service certificate, relieving letter from current employer with good comments,....... Employee should obtain written communication from next employer that relieving letter etc is not required...

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