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Mayur N Thacker (Manager - Business Development)     28 February 2015

Notice period and target

Dear All,

Can anyone tell me I have clause in my appointment letter to serve 30 days Notice Period or payment against the same.

At the starting of February, I was assigned some sales target through verbal discussion and later asked for email written confirmation. I was forced to accept the terms by regular reminders to accept.

Now at the month-end, i could not complete the target and I resigned duly accepting my incompetency without asking for February month's salary.

Company is forcing me to serve 30 days notice with 50% of the target to be completed or monetary payment against notice. I tried to convince company, but still they want the same.

Please advice immediately.

Thanks,

Mayur N Thacker



Learning

 3 Replies


(Guest)

Terms of your service, documents about target and resignation are required to be examined before arriving at some conclusive opinion.

Kumar Doab (FIN)     28 February 2015

 

1.Have you tendered notice of resignation with 30 days notice period or resignation with immediate effect?

If the notice period applicable to you is 30 days and you have tendered 30 days notice then:

---company can not recover/adjust any notice pay in FnF.

---company can not accept resignation before expiry of notice period and if it does it has to tender notice pay to you and it is upto you to accept notice pay in lieu of notice period or serve full notice period.

If the notice period applicable to you is 30 days and you have not tendered 30 days notice then:

---company can recover/adjust any notice pay in FnF.

---company can waive off the notice period.

 

2. You have posted that:

"Company is forcing me to serve 30 days notice with 50% of the target to be completed or monetary payment against notice."

Is this condition stated in writing?

If yes then if you achieve 50% of the target during notice period then you don’t have to tender any notice pay and/or company can not adjust/recover notice pay in FnF.

 

1.       Notice period/pay is part of service conditions that is governed by various enactments e.g.

(Name of the state) Shops and Commercial establishments Act that was enacted to govern service conditions of employees working in establishments covered by the Act and as per the Act notice period is as per length of service period and you should look into the clause on notice period in the Act as it shall prevail upon the private agreement signed by employer with employee e.g. appointment letter/HR policy/service rules and regulations etc…….

Standing Orders (certified /Model); Standing orders are certified on the lines of Model Standing Orders and as per Sec;13;;;;Notice Period during probation Period is NIL and after confirmation of service is 30 days…….. Standing Orders being instrument of law/statue  shall prevail upon the private agreement signed by employer with employee e.g. appointment letter/HR policy/service rules and regulations etc…….

 

You should certainly approach an able Labor Law Consultant/Service matters Lawyer with all docs on record.

 

You may become member of employee’s/Trade Unions and be properly informed and protected………..

vigya (SE)     28 February 2015

Dear Dhingra sir,

Thanks for the reply.

I am sending my offer letter at your mentioned mail id for your kind consideration and suggestions.

Please kindly have a look at it.

moreover i left the company because i went for higher education not to join any company.

 

Thanks

vigya


Attached File : 238041981 offer letter vigya hcl tech.compressed.pdf downloaded: 113 times

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