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rameshwari   16 July 2015

Notice period

Hi,

I am working in an IT company in Gurgaon under its Finance division. I have got a good opprtunity in some other organisation. As per my company policy I am supposed to serve 2 months notice period. However i am able to serve only one month, which I have already intimated to my boss through e mail. I have also shared my activity detail with him and team, on which no action is taken so far. I am ready to pay off my one month salary for the left out days.My manager has rejected my resignation letter and is forcing me to serve complete 2 months notice.he is not ready to take salary against remaining days.

Its mentioned in my offer letter that aggrement may be terminated by providing a notice in writing on either side or salary in lieu of such notice. However company policies are subject to change from time to time. And after few months of my joining the policy got changed. the new policy says that employee need to serve complete 2 months notice period. It can not be buy out. Also, if i discontinue my services it will be considered as absconded.

 

Please suggest me what action do i need to take in order to save myself from getting absconded and how can i join the other organisation in one month.

 

Thnaks

Rameshwari

 



Learning

 1 Replies

Kumar Doab (FIN)     16 July 2015

>>> When you initiate a query on such matters post following information in 1st post itself, pointwise!

 

What is this establishment registered as: Commercial,Industrial?


What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your resignations?

 

Is the person designated as Manager has been authorized to sign acceptance/declinature of resignation,  by Board resolution? Is he/she your appointing authority or MD?


Did you record the discussion/threats (audio/visual/minuted/witnessed) of Manager? Do you have any evidence of it?


The Redg Office, Corporate Office of the company, and your reporting office was located in which state?


What was your designation and nature of duties?

How many persons were reporting to you?


Did you have power to sanction leave/increment/appoint/terminate?

You have worked for how many months?


Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter? Do you have the latest version of the so called changed Policy?

 

Is it stated in appointment letter that notice pay in lieu of notice period can be tendered?


What was your monthly salary?


Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, given to you?


Did you mention NO tasks are pending at your end and to whom you should handover the charge?

 

Are you a member of any employee’s/Trade Unions?

Have you consulted a lawyer and what is your lawyer's opinion?

 

You may reply tom each point, pointwise.

 

>>> You may submit notice of resignation addressed to good offices of appointing authority/MD on paper by redg. Post (in the same date of email) and mention that you have sent by email to Manager and atatch a copy as well............................and demand to supply by Redg. Post...........acceptance of resignation/service certificate/relieving letter/Form16/salary slip of each month/NOC-NDC/handover of charge/assets/FnF statement/FnF payouts by Bank DD..................and adjust and showe correct notice pay for correct notice period applicable to you in FnF statement and reduce the FnF amounts accrodingly and issue Form16 as per correct FnF statement.

 

Does the employer also can not terminate with immediate effect and by tendering notice pay?

The T&C in appointment letter should be equitable or these can easily be termed arbitrary.

Does this company have 30 days joining time for incoming employee's and 60 days notice period for outgoing employees?

Does it also ask incoming employees to join in 30days or even less even if the notice period is say 60 days or even more?

 

 

 

>>> You are making the same mistake which majority of the ill informed,non united employees make. You should have mentioned in interview and in employment application that there is no provision of notice pay in lieu of notice period and notice period is 60 days.

 

 

You have proeprly negotiated in writing under proper acknowledgment with next employer and have not obtained thier written concurrence that they will absorb you on the strength of copy of resignation only and won't terminate if acceptance of resignation/service certificate/relieving letter/Form16/salary slip of each month/NOC-NDC/handover of charge/assets/FnF statement etc is not supplied to you by past employer..............................and that they shall buy out your notice period unconditionally and pay it on 1st day of joining.

 

Does this company have 30 days joining time for incoming employee's and 60 days notice period for outgoing employees?

Does it also ask incoming employees to join in 30days or even less even if the notice period is say 60 days or even more?

 


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