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Ajay Bansal (SENIOR MANAGER)     01 June 2013

Notice period

Dear Sir, 

i am c.a. i was working in export house in gurgaon since august 2012. in the month of april 2013 i received a good job offer. on 12/4/212 i send a message to my C.F.O. that i received a job offer of Rs 10.00 lacs per annum and my joining is with in 2-3 days please advise. my CFO send me message that come and discuss. next day when i discuss he asked me that how much salary you want. i tll him for 10.00 lacs per annum. he told me ok, from April april 2013 we will increase your salary to 10.00 lacs per annum. After 20 days, on 3rd may 2013 company terminated me without giving any reason and without giving any notice period. i send him a notice from my advocate for paying the notice period. company reply that you were send us a message on 12/4/2012 and you want to join some other company so we have accepted your resign based on your message and company is not terminating you. but i have not given any resignation in writing. in message also i have not written that i am resigning. please advise me can i take the notice period from company.



Learning

 9 Replies

Adv k . mahesh (advocate)     01 June 2013

company is palying with the innocence of you hard work 

for good terms you have mentioned you CFO about the job offer and asked his advice 

it is better to try a good offfer and if the before offer is pending then go and join immeditely without goind for any mental tension with the previuos company 

Kumar Doab (FIN)     01 June 2013

Your lawyer would know how to handle it.

It is also good if you have firmed up the opportunity with next employer.

Firm up as ap.

If company has stated “terminated” in its order dated 3rd May then it is termination and it might have referred to clause number………..in appointment letter dated………….issued to you.

If company has deemed the SMS sent by you to your CFO as resignation then it must have referred to resignation dated ………..and quoted your resignation dated…………is accepted as per clause number…………………………..in appointment letter dated………….issued to you.

The reply to the lawyer’s notice seems to be interpretation made by the company as suitable to it.

If CFO did not accept your SMS as resignation or did not accept your resignation as per meeting in office for which you were intimated by SMS then the resignation is not given any effect.

You may claim that you have never resigned and it was your CFO who accepted that this SMS is not resignation and persuaded to continue and affirmed pay package shall be increased.

You may also go thru the words and language in appointment letter issued to you and clause on resignation and check if company has stated employee has to submit resignation in writing under signature etc…………….If it has used a language like that then how can a SMS be effected.

Can company terminate by SMS? If not how can it accept resignation by SMS?

Moreover is CFO an authority to accept resignation?

 

 

 

shravan (hr generalist)     02 June 2013

Dear all,

i am kumar come to my isue i am working wth icfly ltd since 2012 march to till date without conformation  but last month i got the appraisal 2000 /Rs for me  as per company norms without conformation notice period is 15 days with conformation notice period is 30 days my issue is recently i got one opportunity that s reason i put my resignation but my manager asking you have to give one month notice why because your are getting Appraisal that means your conformation is conformed.  please suggest me. my cont 9030559505 

 

Kumar Doab (FIN)     02 June 2013

 

@Shravan,

Always a start a new thread

The notice of resignation/resignation should be addressed and submitted to good offices of appointing authority, MD………..under proper acknowledgment preferably thru redg.post.

You may demand the acknowledgment of notice/acceptance of resignation, correct FNF statement, FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number and account slips for whole period of employment, ESIC card ( if eligible), salary slips for the month of ………….., work experience/service certificate, relieving letter, acknowledgment of company property/handing over of charge, etc  be supplied to you within last day in office, by redg. post only.

Manager and HR is not employer, they are just another employee in the company.

If letter of confirmation is not issued and supplied, service is not confirmed.

You may mention reference of clause number………….in appointment letter dated………on notice period during probation period, and that no letter of confirmation has been supplied to you, in notice of resignation.

The increment in salary can be given by employer during probation also.

Let the employer state everything in writing.

 

In case of dispute employee can approach as per coverage o/o/ Labor Commissioner, Inspector under Shops and Establishment Act of the state, Inspector under Payment of Wages Act, civil court, trade unions, lawyer/law firm………….

1 Like

shravan (hr generalist)     02 June 2013

Dear sir,

i am very thankfull to you for giving valuble suggestion.

Kumar

 

shravan (hr generalist)     02 June 2013

Dear Kumar,

 

may i know  "The increment in salary can be given by employer during probation also." which act what section is showing this  pleseeeeeeeeeeeeee.

 

Shravan

shravan (hr generalist)     02 June 2013

shravan (hr generalist)     02 June 2013

 

Dear Kumar,

 

may i know  "The increment in salary can be given by employer during probation also." which act what section is showing this  pleseeeeeeeeeeeeee.

 

thanks

Shravan

Hyderabad

Kumar Doab (FIN)     02 June 2013

We are not aware of any section of any act which states that employer can not increase salary during probation.

 

Employer can increase salary anytime to any amount.


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