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Ashish Kumar verma   01 February 2018

Need help on serving notice period

Hi, I want to know that if I have resigned in a pvt company and worked there 1.5 year so why company said that I will not give notice period to you for serve. My boss has been frustrated and forced me every time for resignation. So I need help on this matter.


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 2 Replies

Kumar Doab (FIN)     01 February 2018

Do you mean to mention that your boss does not want to give any notice period of termination to you?

Is boss offering notice pay in lieu of notice period?

Is clause of notice pay in lieu of notice period narrated in service conditions/appointment letter issued to you?

Why this boss is asking you to resign? What is the factual reason?

Do you have any irrefutable evidence to establish you are being pressed to give up employment by tendering resignation/forced resignation?

Is this boss your employer/owner of company/appointing authority/authority to terminate employment?

 

Termination by employer and resignation by employee, are both different.

Have you firmed up you next venture?

Kumar Doab (FIN)     02 February 2018

Notice period is part of service conditions and covered by enactments applicable to establishment and employee.

Notice period of 60days may not necessarily be applicable in your case.

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted from employee by employer and is not payable by employer to employee?

Which is fixed pay day? Has salary not been paid on pay day? Did employer communicate in writing that payment of salary is stopped/

Has salary slip been issued and supplied?

What is monthly salary?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter by employer to employee and employee to employer?

Was ever any stinker, memo, show cause notice on any misconduct, incompetence, non performance/under performance issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance data? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, communication to handover the charge and then acknowledgment of handover of charge, NOC/NDC……………?

 

Post your response to discuss and become properly informed to handle the situation and defend your interest.


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