Notice period


Hi

please can anybody let me know whether the notice period for a managerial person includes holidays ,Sundays or just working days.& one thing more if one is working as managerial person or administrative personnel which law applies for resignation or appointment.That i know that industrial disputes is not applicable in this managerial case??the organisation is company.

 
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Head HR

For any one the notice period is irrespective of holidays / w offs ie., if one month is the notice period then 26th January, 2012 to 15th February, 2012. In case of 2 or 3 months the same scenario continues.

The applicable law is the service conditions / conditions as mentioned in your appointment letter and the company policies are applicable.

In case of any injustice you can approach the labour department also and legally ie., through court.

Regards - kamesh

 
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FIN

Mr. Kameswarao has given valuable advice. Kindly follow it.

The designation alone does not decide the employee is a workman or not. A competent and experienced service lawyer  can advice you after examining your appointment letter and inputs given by you.

It appears that you are contemplating to seperate.

It shall be benficial for you to obtain employee rule book, standing orders of the company, which may be available as a soft copy on HR page of employee protal at intranet or  as a hard copy with concerned personnel of the comapny. You may preferably submit a gentle communication in writing under acknowledgment stating the same have not been circulated to you till date.

It seems that company is not providing the right inputs to you.

 
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Sr. ADVOCATE Bombay High Court Mob: 9892432152

 

Your Appointment letter usually contains your term of Resignation. It also changes whenever, a  Bargaining/ or otherwise, your working conditions changed. That  Last change bind you. 

Being in Managerial, category, you are on duty for 7/24 basis, no holidays. . So 1 month clear notice as on today means  From 16-1-2012 to 15-02-2012, you can be released on 16-2-2012, 

You can also be released today immediately, if Management so decide. You cannot decide the requirement of your Company. 

 

Usually well established Co, do not harass anyone, as they believe, nobody is indispensible. 

 
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Lawyer

I agree with Mr. Shroff. One month means 16th to 15th.

You shall be released on completion of terms & conditions of notice/service, as no one is indispensible. 

 
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tech support exe.

i was working with  company as atechnical sopport executive and i left the job without any prior notice

today i recieved a mail from them  please help me can they take any legal action..

 
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Head HR

Dear Mr.Digvijay,

it is found that most of the people are simply getting away with out going through the rules and regulations of the company. You have simply stayed away joined some other company with out fullfilling the terms and condtions of your employment. The company has every right to initiate legal action. Pl. approach the competent authority of the company and settle the issue otherwise they will proceed legally and it effects your career. If they know your present employer they will send a notice to them also saying that you have not complied with the relieving formalities.

In addition to this I advise you that you comply with the formalities in future so that your career won't effect.

Regards - kamesh

 
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FIN

 

As per terms and conditions of your appointment letter submit the reply in writing under acknowledgment, addressed to good offices of your appointing authority, MD, Head-HR and request them to acknowledge the receipt of resignation ( if any submitted by you and if your have not submitted by email attach a copy of your resignation letter sent by post) and to adjust the notice pay ( if any, and @ basic/gross pay as per your appointment letter) in your FNF statement and supply you the FNF statement so that you can make the payment if any due at your end by a crossed a/c payee cheque favoring company.

You may request to issue the receipt of cheque on the spot and supply you the acceptance of your resignation, work experience/service certificate, relieving letter, form 16 as per FNF statement in which notice pay has been adjusted, settlement of your a/c, PF number, PF accumulation reports, PF withdrawal/transfer  forms etc..

If there were any circumstances/reasons for leaving the job e.g. undue pressure, harassment, unreasonable approach of superiors etc, you may mention the same in gentle manner.

As suggested by Mr.,Kameswarao approach the good offices, and preferably seek an appointment in writing and clear the bad air and resolve the matter amicably.

It is always better to consult elders in the family, competent and experienced well wishers, before taking such steps and inviting trouble. They shall be able to advice you how to address your issues in a better way.

 
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