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Animesh (GET)     02 July 2012

Notice period

Respected Sirs,

I currently employed in a Ltd. firm as Graduate engineer trainee,

My training period was one year which which started in 1st June 2011.

I havent recieved any confirmation yet. Recently I have got an oppurtunity to join other firm with better career prospective.

My notice period is 2 months but i can work only for one month.

On asking my HR they said its non negotiable, however in my offer its mentioned that This means that both     " you and the Company retain the right to terminate this employment relationship at any time and for any reason. All compensation and assistance indicated in this letter are subject to your continued employment."

Can it help me in someway as I m not yet confirmed.

Requesting you to guide me through.

Thanks in Advance.



Learning

 13 Replies

Kumar Doab (FIN)     02 July 2012

Company must have mentioned that employer and employee can terminate the employment by tendering notice or notice pay in lieu of notice period/ for shortfall in notice period. Citing that clause you may offer in writing under acknowledgment, to adjust notice pay in FNF statement.

If the next employer is buying out the notice period then it shall be better if the current employer adjusts the notice pay in FNF statement and reduces your payout and issues Form 16 according to the amount in FNF settlement. Thus you shall not be subjected to double taxation.

Animesh (GET)     02 July 2012

Dear Sir,

Thank you for your suggestion but problem is that nothing in mentioned about "notice pay in lieu of notice period". What do i do now,please help me out.

Animesh (GET)     02 July 2012

Dear Sir,

Thank you for your suggestion but problem is that nothing in mentioned about "notice pay in lieu of notice period". What do i do now,please help me out.

Animesh (GET)     02 July 2012

Dear Sir,

Thank you for your suggestion but problem is that nothing in mentioned about "notice pay in lieu of notice period". What do i do now,please help me out.

Kumar Doab (FIN)     03 July 2012

Refer to the Industrial Employment(Standing Orders) Act, if applicable and SE act applicable to your state.

You can demand copy of the certified standing orders of the company and service rule book from good offices of appointing authority,MD, with a copy to Head-HR.These may also be available at HR page of employee portal.Standing orders should be displayed at entrance/gate.

Animesh (GET)     03 July 2012

Thank you sir for your response, but what I am asking is my future employer wants me to join ASAP and my current employer will not relieve me until i have served 2 months they are not accepting any notice pay. Though I am ready to serve for 1 month and ready to not take salary for that month, as that would make up for the next month 1(Work)+1(pay). Yet they gave a negative response.

These are the questions which are going on in my mind, Kindly help to answer the same:-

1) Can my current employer forcefully impose on me this notice period?? Everywhere there should be an in and out, is there no way to get out of this thing??

2) Can I tell my current employer that i will not serve the notice period as my training was for one year and even after 1 yr and 1 mnth I am yet to be confirmed??

3) Will be troublesome for me if I dont serve my notice period and join the other firm??

Please help me!!

Thanks in Advance

Kumar Doab (FIN)     03 July 2012

If your services are not confirmed in writing, the terms and conditions as expressed in your appointment letter issued to you with designation as trainee should prevail.

It is felt that notice period is applicable to regular employees and is not applicable to trainee. However you may refer to your appointment letter/contract accepted by you.

 Rumor and gossip are not rules. Rules are to be published, circulated within the knowledge of the employee, if not these can be questioned. Company can not keep the rule book in a bank locker and then state that only it shall have the access and whatever it states becomes a rule. For employee to be governed by some rule company should

Therefore you may shed asking and stay away from telling (being told) and instead narrate the incidences in writing put the minutes in writing and demand reply in writing (under proper acknowledgment) from good offices of your appointing authority, MD, with a copy to head-HR. It shall be appropriate to keep copies if you are communicating from official email as it can be blocked by company.

 

You must take your new employer into confidence and communicate even if by email and clarify that your current employer is unwilling to relieve you although as per appointment letter dated………..you are liable to serve nil/……….days notice period and/or tender notice pay as per prevailing rules/laws and company is unwilling to accept the notice period/pay and is asking to serve notice period of……………..days. You may mention that:

-- you can provide only the copy of the resignation letter, proof of its dispatch, POD and you may be absorbed on the strength of these documents only.

--your current employer may not issue last month salary slip, FNF statement, work experience/service certificate, relieving letter.

You may obtain confirmation that in any given situation they shall stand by you and support you.

You should do so otherwise you shall find yourself deserted by current and future employer leaving you in lurch.

  1. Your current employer can do whatever it wants without bothering for rules and laws. Therefore it shall be good if you submit carefully structured representations to good offices of appointing authority, MD, CEO, Chairman, Company Secretary, with a copy to head-HR. You may narrate the incidences and mention the response of HR and you may also mention your understanding of the matter citing rules and that standing orders of the company are not displayed in the office, HR page of employee portal and have not been supplied to you by HR. The written record shall be helpful at appropriate time in appropriate forum. There are chances that good offices may grant relief to you. If they do not you shall have to contest their action. If you can convince the good offices it shall be the quickest and easiest solution.
  2. Yes.
  3. If the company is hell bent on troubling you it can do so. It may decline to accept resignation, may declare you absconding, may terminate you, may block your FNF statement and settlement, work experience/service certificate, relieving letter, form 16, PF withdrawal/transfer, give adverse feedback in reference check, write to your next employer etc. If you are a workman you can invoke ID act.

However you can invoke the provisions of SE act applicable to your state, if the act is applicable to your establishment, approach Inspector for work experience/service certificate, terminal benefits etc, CIT-TDS for form 16, RPFC for PF etc, Inspector for payment of  wages under payment of wages Act or  a civil court.

It shall be appropriate to consult a competent and experienced service lawyer with copies of all communications, appointment letter and let your lawyer structure your representations. If the company does not grant relief despite your best efforts it mat relent upon receiving legal notice from your lawyer. If still your company is adamant and recalcitrant you shall have to agitate in appropriate forum. Your lawyer shall help you to decide the appropriate forum for you if the need be.

1 Like

Animesh (GET)     03 July 2012

Dear Sir,

 

Thank you very much, that means I am not doing anything legally wrong??

Kumar Doab (FIN)     04 July 2012

You may communicate properly with current and next employer. Firm up with next employer properly and on record. Once you are sure that your next employer shall support you, only then you may give up current employment.

Employers are known to exploit the employee.

Weigh your options carefully.

Apply your rapport, goodwill, reasoning, negotiation, persuasion, persistence skills, and drill sense into current line management, HR, good offices and resolve the matter in your favor. This shall be the quickest and easiest solution. Be smart.

Apply your judgment. If extending the joining date and notice period is workable try it.

Litigation can be lengthy, bothersome. Some of the employees may find it stressful.

Tread carefully.

Kumar Doab (FIN)     04 July 2012

You may communicate properly with current and next employer. Firm up with next employer properly and on record. Once you are sure that your next employer shall support you, only then you may give up current employment.

Employers are known to exploit the employee.

Weigh your options carefully.

Apply your rapport, goodwill, reasoning, negotiation, persuasion, persistence skills, and drill sense into current line management, HR, good offices and resolve the matter in your favor. This shall be the quickest and easiest solution. Be smart.

Apply your judgment. If extending the joining date and notice period is workable try it.

Litigation can be lengthy, bothersome. Some of the employees may find it stressful.

Tread carefully.

Animesh (GET)     12 July 2012

Dear Sir,

 

I have talked with my future employer I was just asking them to adjust my leaves in the notice period so that I have to serve some less days. But they have rejected that too dunno what to do now that was my last resort.

Animesh (GET)     12 July 2012

sorry i meant present employer

Kumar Doab (FIN)     13 July 2012

If your services are not confirmed in writing, the terms and conditions as expressed in your appointment letter issued to you with designation as trainee should prevail.

It is felt that notice period is applicable to regular employees and is not applicable to trainee. If you are a trainee you may mention that you are a trainee and notice period is not applicable. Let company reply whatever it wants.

However as you can afford to tender one month notice you may avoid abrupt termination and submit notice of resignation addressed to good offices of your appointing authority, MD, with a copy to head-HR, and mention your effective date of resignation/last day in office. It shall be appropriate to keep copies if you are communicating from official email as it can be blocked by company. You may submit notice by letter also. You may mention that standing orders of the company are not displayed in the office, HR page of employee portal and have not been supplied to you by HR, and should be supplied to you immediately. You may mention that company may ensure smooth exit formalities, inform you in writing to whom you should handover the charge, company property, and payment of your dues by bank DD and acceptance of resignation, work experience/service certificate, relieving letter, form 16, attested copies of PF withdrawal/transfer forms( as suitable to you),NOC/NDC,FNF statement etc be handed over to you by your  last day in office.

You may refer to SE act applicable to your state. Notice pay can be tendered in lieu of notice.

Karnataka SE Act ; 39. Notice of Dismissal.

Delhi SE Act; 30 Notice of Dismissal.

 

Your HR is probably taking undue advantage of lack on knowledge of rights and pressing you to serve notice period.

. Let elders in the family, competent and experienced well wishers, lawyer draft your notice of resignation and all other communications.

 


Attached File : 860521222 karnataka shops and commercial establishment act.pdf, 860521222 delhi shops & establishments act, 1954.pdf downloaded: 91 times

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