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Prabhakar Tiwari (Team Lead)     13 December 2014

Is it mandatory to serve notice period

Hi experts, I have joined an IT company in Pune on 8th Dec 2014. I have signed on some forms but yet to get the appointment letter. The work in the project is not matching what I was told during the interviews. The work culture also does not look. Everything is being done in hap hazard ways. I don't want to continue here. As per the offer letter, an employee has to serve a notice period of 3 months if s/he wants to resign or pay an equivalent of 3 months basic salary. I haven't taken any monetary benefits from the company in any form till now. Can I just send an email informing them about my resignation without serving notice period? Will I have to pay to them? Can they take any legal action if I refuse to serve notice period or pay to them?


 3 Replies

Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com)     14 December 2014

Mr. Tiwari, In the absence of service of mandatory notice period most companies require you to pay an amount equivalent to base salary. Depends on company's policy.

Simran Kaur (Advocate/Legal Consultant @simrank211@gmail.com)     14 December 2014

Mr. Tiwari, In the absence of service of mandatory notice period most companies require you to pay an amount equivalent to base salary. Depends on company's policy.

Kumar Doab (FIN)     15 December 2014

The private agreement created by employer and signed with employee e.g. appointment letter /offer letter /contract of employment...... etc.....or private policy e.g. HR Policy etc... can not supersede and overrule an enactment /statue/ instrument of law.... . IT companies are covered by (Name of the state) Shops and Commercial Establishment Act (that was enacted to govern the service conditions of employees working in such establishments) and standing orders(model/certified)..... Bombay Shops and Commercial Establishment Act shall be applicable to your establishment....and notice period is well defined in it and can't be more than this to employee that are covered by the def. of employee as in the Act.... and notice period for service period of 8 days is NIL.... This act lays down that if no. of employees is =>50 the standing orders shall apply. You may refer to Sec:38-b,66.. If standing orders are applicable but aren't certified then Model Standing Orders shall apply and as per Sec13 notice period during probation period is NIL.. Thus you are eligible for 8days pay,service certificate etc.. However your line managers , HR personnel due to their job implications may chase you and claim that you are not covered by any if the enactments.... hence you shall be governed by contract of employment.... While your able Labor Law Consultant /Service matters lawyer may ask you a set of structured questions and may opine that you are covered.... Don't remain entangled with bosses/HR�and�submit notice of resignation addressed to appointing authority/signatory on offer letter preferably by Letter thru Redg post.... and state the breach by employer (download proof) etc...and that you left your source of livelihood to shift and join here,expenses, loss etc..But remain gentle and amiable... and avoid emotional outbursts... The employees in your trade for some unknown reasons have not been uniting and forming employees union's and affiliated with trade unions, hence face harassment, indiscrimination.... In many states IT employees have United and have affiliated with trade unions. Unions have traditionally been strong in Maharashtra and you can approach union leaders too....and then Inspector appointed under Bombay Shops and Commercial Establishment Act, o/o Labor Commissioner.

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