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aditi sharma (process associatae)     02 August 2012

Job relieving

I am an employee of an MNC for 18 months.Recently I got admission in mba in one of the premier institute of India. As it was not planned I could not serve any notice period instead I asked them to compensate it by paying my 2 months basic as mentioned in the HR policy of the company. But my HR is still insisting on serving 1 month notice period which is not possible for me because If i do so i would miss my 1month of college which will affect my studies in future. Is it possible for me to get the reliving wiithout serving notice period as i have a valid reason for it..? Please reply.



 3 Replies

Kumar Doab (FIN)     02 August 2012

You may address your notice of resignation/resignation to good offices of your appointing authority, MD, Chairman with a copy to Head-HR, and mention effective date of resignation/last day in office, and narrate reason and yearning to get professional qualification from the Premier Institution for better prospects in future, and affirm to tender notice pay as per clause number…..of appointment letter dated……….issued to you, and to  submit the payment as per correct FNF statement issued to you, by a cheque under proper acknowledgment issued to you on the spot under original seal and signature by hand of the competent employee of the company on its letter head. You may seek directions to whom you should handover the charge/company property and payment by cheque if any amount is payable by you as per correct FNF statement. You may request the good offices to assign work to you on routine basis which can be completed within and up to your last day in office as expressed in your notice of resignation/resignation.

You may issue reminders.

It shall be appropriate to give some notice to the employer as suitable to you and request the good offices to ensure that exit formalities are completed within your last day in office. The very purpose of notice period is enabling either of the parties to look for and designate replacement, complete the tasks on hand, and complete the exit formalities. As you are not able to tender notice period as expressed in your appointment letter you should express your willingness to complete the exit formalities and complete immediate tasks on hand. You should co operate with line management and HR and carry forward the rapport and goodwill.

Employee should submit a representation in writing under acknowledgment and let there be deliberation later than keep on talking verbally. Verbal representations are difficult to prove.

You may structure your notice of resignation in such a manner that it build record in your favor and defeats the claims of company at a later stage.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Ideally company should handover payment of wages, acceptance of resignation, FNF statement, service certificate/relieving letter etc on last day in office or within  next  days.

 

aditi sharma (process associatae)     03 August 2012

Its really helpful....thanks alot for the reply..!!

aditi sharma (process associatae)     03 August 2012

Its really helpful....thanks alot for the reply..!!

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