Notice period

It appears from what you have stated that in spite of a contract of employment which mandated a 15 day notice period for leaving the company, you and the company mutually agreed to waive off the notice period. In such a scenario if the contract of employment doesn't include a clause for mandatory payment of salary for the notice period irrespective of the period being served or not there can't be any bar to the company's non payment of the salary for the notice period. In absence of such a mandatory clause the company shall only be liable to pay salary till the date of termination of the employment.

Sir
    I am working in L.R group of institutions Solan, Himachal Pardesh. Last three months they did not give any salary to the faculty members and they imposed new rules and regulations to relieve the faculties. What i sshall do sir. They tortured us during relieving and they expect more money from the faculties during resignation.

@rmk,

 

>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?

 

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

 

How many employees are employed in it?           

 

What is your designation and nature of duties?  

 

Has your service been confirmed in writing?        

 

 

Do you have proper acknowledgment of notice of resignation?

 

 

>>> Notice period, Notice pay in lieu of notice period is part of service conditions and does not depend upon T&C inserted by employer in appointment letter drafted by it  or any other private agreement that employer has signed with employee, alone.

Service conditions are governed by statues, instrument of law, enactments applicable to the establishment.

 

Your company shall be most probably covered by Shops and Commercial Establishments Act that was enacted to govern service conditions in such establishments. Notice period and notice pay in lieu of it is stated in this enactment.

 

ANY SERVICE CONDITION INCOSISTENT WITH INTRUMENT OF LAW/STATUE SHALL NOT SURVIVE. EMPLYER PERSONALLY IS HELD RESPONSIBLE FOR FAITHFUL OBSERVANCE OF INTRUMENT OF LAW/STATUE……………………………

 You should succeed to get notice pay in lieu of notice period.

 

The Director wanted to extract resignation with immediate effect so as to square off your dues in FnF settlement.

 

I am happy that you have drafted your notice of resignation instead of resignation with immediate effect.

 

Notice of resignation/resignation should be sent preferably by redg. post.

 

 

 

@Anil Jindal,

It is felt that Solan is new heaven for educational business and id a education hub now.

You may inquire and you shall find that the employees in Govt. Instt. are thoroughly united in state of Himachal Pradesh, and have their own unions to take care of their interest.

All affected employees can unite and approach unions.

How are you being relieved: by forced resignation? Did you record such meetings (audio/visual)? Keep some evidence. All affected employees can stand as a witness to each other. Forced resignation can be termed offence and deemed termination.

 

Don’t submit resignation with immediate effect or they shall square off the dues in FnF.

 

You may relate appointment letter issued to you with State Education Act, service conditions advocated by regulators like AICTE whichever applies to you………………..

You may go thru:

 

https://www.lawyersclubindia.com/experts/Thrown-out-of-the-job-477341.asp#.U6Fzg5SSwb8

Thank you Sayak Mitra and Kumar Doab for your replies.

Sayak Mitra, if the employee is bound to pay in lieu of notice period if he quits suddenly, then is it not mandatory for the company to pay me the notice period salary if it suddenly want me to leave? As per my understanding the purpose of notice period is for the employee to be able to find new employement and for the company to find new employee. So shouldn't the party willing to suddenly terminate the appointment pay the other party in lieu of the notice period?

Kumar Doab, its a biotech start-up company with four employees including me. My designation was Research Scientist and my duties were performing actual laboratory research as well as supervising other juniors. I had received an offer letter with all the T & C mentioned in it. I have not just drafted the resignation letter but have also submitted it. I have a photo-copy of this resignation letter signed by the director and marked "accepted".

@rmk,

Pursue and get notice pay @ last drawn gross pay.

Hi I am working with a bank, i have declared my resignation. Bank policy says the notice period of 3 months but i want to get releive in 1 month and for same i have submitted resignation in writing on mail for one month. HR asking that it is an bank policy to serve 3 months. At the time of joining i have signed the appt. Letter for 1 one month notice period and now bank policies have changed for 3 months notice period for my position. I have my PL pending for this year. Can I get releived in a month with any alternate.

@ Anirudh,

Always initiate a new thread.

It has already been pointed out in this thread that Notice period/pay is part of service conditions……………………and does not depend upon T&C inserted by employer in any private agreement drafted by employer and signed with employee……………………………alone!

There are many threads on it that you may find relevant and can pick up points that are useful to you e.g:

The banks are for private gain and are covered as Commercial Establsihments.

 

The (Name of the State) Shops and Commercial Establishments ACT WAS ENACTED TO GOVERN THE SERVICE CONDITIONS OF EMPLOYEES in establsihments covered by the Act.The noticeperiod/pay is stated in this Act.

 STANDING ORDERS ARE ALSO APPLICABLE.

the negotiated servce cinditions between employees (representative of employees/unions) and employer can BE SUPERIOR to the enactments aplicable to the establsihment but can not be inferior or it may not stand the test of law.

 

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U51N3pSSwb8

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/experts/Employer-not-giving-relieving-letter-476871.asp#.U51fPpSSwb8

 

https://www.lawyersclubindia.com/forum/3-notice-period-relaxation-advice-103873.asp#.U6Uei5SSwb8

 

It has been mentioned in one of threads that Chief Inspector under this Act stated that notice period stated in the Act shall prevail upon notice period stated in appointment letter.

https://www.lawyersclubindia.com/forum/Employer-not-relieving-employee-contt-89308.asp#.UkP5C9KAqWM

If you are not covered as ‘Workman’ as in ID Act, ‘Employee’ as in (Name of the State) Shops and Commercial Establishments ACT, Labor laws then the service conditions applicable to you might be as per service rules and regulations of the establsihment.

Usually it is stated in appointment letter that service codntions shall be governed by HR policy/ service rules and regulations………………………although these are normally not supplied along with appointment letter and ill informed employees sign acceptance of the appointment letetr without availing HR policy/ service rules and regulations refrence of which is made in appointment leter as that these shall govern service codnitions.

YOu may download the HR policy/ service rules and regulations………………………….as applicable on date of joining, and amneded thereafter…………………………

For any change in service codnitins a prior notice should be given by employer to employee and the change in service codnitons should be accpeted by employee in writing for it to become effective………………………..

You may check if Bank employee’s union on behalf of bank employee’s made any agreement to such change.

The bank on its part shall claim that its stand is correct and that it has already been inserted in appointment letter accepted by employee that …………………………….employee agrees to abide by the change in T&C effected by employer from time to time……………………..and also that individual  is not covered as  ‘Workman’ as in ID Act, ‘Employee’ as in (Name of the State) Shops and Commercial Establishments ACT,…………………………………..the relationship is that of ‘master-servant’………………………….speciic releif act shall apply and contract of personal service can not be enfiorced in court of law………………

 

The contract of employment should promote equitable discretion for both employer and employee. The T&C in contract of employment that are not equitable can be easily termed arbitrary.

If employer (bank) can terminate employment without allowing serving full notice period stated in appointment letter drafted by it then employee san also do it, and can offer notice pay in lieu of notice period.

The notice of resignation and subsequent communications should be carefully drafted…………………………………..

The bank may claim that service of full notice period is required to complete tasks/unfinished tasks and may decline to issue relieving letter…………………………….may resort to unethical practices and to declare you absenting/absconding/abstaining………………………………i.e a misconduct……………

Hence it is strongly recommended that you should approach a Labor Consultant/Service lawyer with all docs on record, give inputs in person, understand the merits, and proceed under expert advise of your lawyer…………………………….and let your lawyer draft all your representations……………………………………….

Even in many of the private banks the  employees are united and member of unions of bank employees…………………………….

 

 

 

Thanks Lot Kumar for your feedback.

Dear Sir KIndly help as i have gien in writing mail : "As I have discussed and thought of this matter , I have some personal problem , I can’t hold for three months and I want to get relieved in a month. I am ready to give the salary for two months for balancing the notice period (as per policy, if mentioned) including FnF ." Is this the correct way or suggest me the good one so that i could bound them to make me releive in a month. Your support will be highly appreciated.