cpc

notice period, fnf and pf


Hi Everyone... 

I need expertise solutoin to my problem.  I am employed with an MNC, during the course of the time I got a govt job which needs me to be joined immediately.  As per my company rules one has to serve 3 months notice period after resignation.  I was unaware that I will be selected for the government job.  Now when I told my officials the problem they want me servce notice period for sure otherwise for the payout.  I cannot afford the payout however I have offered them for 1 month payout for which they are not in an agreement. 

What should I do in this current situation.  Please help me.

Also is there any law that states if one gets a government job all the terms between that person and the private company will get voided ?

Please please help me.  waiting for your response.

 
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FIN

Your query is "Also is there any law that states if one gets a government job all the terms between that person and the private company will get voided ?"

Unfortunately the answer seems to be NO.

The easiest way is apply your rapport, goodwill, with your immediate reporting authority, superiors, HR and your abilities/skills  like, negotiating, persuasion, persistence and request them to help you and waive off the notice period and notice pay. Company can do it. You may submit a humble communication in writing to good offices of your appointing authority, MD/CEO, Chairman, Company Secretary, HR-Head with a copy to your reporting authority and appeal for waving the notice period/notice pay. They may grant waiver.

You should submit of notice of resignation in writing by letter thru registered post followed by email to your appointing authority, with effective date of resignation (as suitable to you. You may give notice and avoid abrupt termination) clearly written in it and request the good office to ensure completion of smooth exit formalities, and to supply you acknowledgment/acceptance of your notice, acceptance of resignation, work experience/service  certificate, relieving certificate, form 16, PF accumulation reports, PF withdrawal/transfer forms, FNF statement, payment of your dues, and to take charge and issue you receipt of company property/charge within and up to effective date of resignation. You may mention the reason of your resignation and mention that you are willing to cooperate and train replacement employee designated as your replacement up to the effective date of resignation and company should inform you well in advance. Complete all tasks on hand, submit company property under acknowledgment, and submit a written communication that nothing is pending at your end.

Are you are under probation? if yes three months notice period during probation seems to be unreasonable.

What is your designation and nature of duties? You may yourself pay a visit to o/o labor commissioner and meet the ALC in person and they may confirm that 3 months notice period during probation is unreasonable and you can get some relief.


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LEGAL COUNSEL

If the notice period is 3 months you need to honour and pay out the salary in lieu of the notice period, to the extent is is short. However, the pay out will be only your basic pay and NOT gross. Further you may adjust the pay for any unavailed leave.

vasudevan


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Basic salary as pay out ? will it be same everywhere ? I am asking this question because for me they have asked to pay the take home salary.

 
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FIN

Learned Mr. Vasudevan has given valuable advice. Kindly follow it.

 
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FIN

It is believed the transactions are verbal. It shall be appropriate to have all statements from them in writing.

Once confirmed in writing there is no going back. Or you may land up in adhering to the verbal orders and surrendering the option to have these on record.

 


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