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Tejas   02 August 2016

Notice period issue in company

Hi Sir,
I am facing issues with my current employer [Orient India Pvt Limited], I received an offer letter for serving 30 days notice period if i am in Probation period, And on my offer letter its clearly mentioned that my probation Period is till Oct 2016.

Now my employer saying that policy has been updated and revised notice period is 60 Days, but no communication or written letter is sent to me regarding this and no update has been shared from employer.

Now i got an offer from another company with good profile hence i have submitted the resignation to Hr marking my manger and mentioned 30 days notice period with my releiving date, but my employer says that you need to serve 60 days notice period. ( 60 days notice period is applicable only for employees who are confirmed employees but i am in probation period till OCT- 2016)

I have checked with my employer about notice period Buyout option but my employer says that the option is not available, but it’s clearly mentioned in offer letter that salary in lieu option is available.

I have attached the screenshot of offer letter.

Please advice me what should i do about this.



Learning

 40 Replies

Kumar Doab (FIN)     03 August 2016

What was recievd by you: offer letter or appointment letter?

Do you have copy of notice of resignation, proof of its disptach, proof of its delivery?

Did you quote the clause numbers etc in it?

Has the HR replied in writing?

Don't offer notice buy out option.

Let them supply you FnF statement showing payables by you and paybales by company and net payable.

Submit notice by letter addressed to good offices of appointing authority,MD theu Redg. Post.

 

 

 

1 Like

Tejas   03 August 2016

Hi Kumar,

Thanks for your valuable feedback.

I have received appointment letter from employer

yes i have the copy of resignation mail sent to my reporting managers and Hr from employer company.

still they have not replied to the resignation mail.

is it any specific time to approve the resignation mail ? Like 3 days ? because i have submitted the resignation via mail on 2nd Aug 2016.

do i need to send the resignation to MD, if hr will not give proper info and if hr is asking to serve more notice period ?

i have attached the screen shot of my appointment letter clauses please check.

 

 


Attached File : 360949 20160803220745 241354258 doc1.docx downloaded: 46 times

Kumar Doab (FIN)     03 August 2016

You have sent the email yesterday.

Look into Clause;8;last para.

Add by subsequent communication to whom you shuld handover the charge.

Is there any collections from the market due by you?

If you are not confirmed in writing then you are under probation period.

You are appointed since May,2016.

You are in which state?

What is this establishment; Commercial, Industrial?

Whats is its line of business?

What is our designation and nature of duties?

 

 

 

 

Kumar Doab (FIN)     03 August 2016

Why do you want to leave in 3 months time?

1 Like

Tejas   03 August 2016

yes i have sent email yesterday.

so is there any specific time to accept the resignation mail ?

as per last para in clause 8 they have not appointed anyone in my position and i dont have any due. and i think its not my responsibility to give replacement right ?

yes i have not received any communication that i am confirmed and as per appt. letter i am in  probation period till OCT- 2016 and fro probation period 30 days notice period will be applicable.

but they are asking to serve 60 days notice period...what should i do about that ?

i am in karnataka state but employer is from maharashtra state. its a IT company.

i am working as technical support engineer in client location

i got an offer from reputed company on direct payroll and as per my course of study hence i want to leave the company.

Kumar Doab (FIN)     04 August 2016

You have posted that:

"but they are asking to serve 60 days notice period..."

Have you been asked in writing?

If yes who has asked?

In any case cite the clause number.............. of appointment letter dated...................issued to you and submit notice by letter ( dated as same on email) addressed to good offices of appointing authority,MD thru Redg. Post, mention that you have already submitted by email dated.................(cpy attached), mention notice period/expiry of notice period/LWD i.e dated......................and narrate all good work done{ ( collect written record)  ( if required mention;No stinkers/show cause notice ever issued) }and request to arrange to complete the exit formalities and supply acknowledgment of notice of resignation and acceptance, correct FnF statement ( showing earned wages/OT/Leave encashment/bonus), payment of FnF dues as per correct FnF statement, Form16 as per correct FnF statement, attendance record with clocked work hours and salary slips of all months, service certificate, relieving letter ( with narration of commendments i.e all god work done) , PF number and a/c slips, ESIC card, NOC/NDC, acknowledgment of handover of charge within and upto LWD i.e dated........... mention that NO tasks are pending at your end and routine duties be assigned that can be completed on daily basis within and upto LWD i.e dated..........mention to whom you should handover the charge, within and upto LWD i.e dated...........under proepr acknowledgment on the spot.

 

Still if you are unable tom resolve lean on your able Labor Law Consultant/service matters lawyer.

 

Explain the matter to next employer preferably in wriitng and mention that your Mr/Ms...........in current employer has asked for 60dasy notice period against 30days............on dated...................and you should be absorbed on the strength of copy of notice of resignation only and NO other document to be issued by current employer as you can not get it until supplied by current employer.

 

 

 

Tejas   05 August 2016

Hi Kumar,

Thanks for your valuable advice.

"but they are asking to serve 60 days notice period..."

no they have not asked in writing. the HR is telling on phone that you should serve 60 days notice period.

 

 

Kumar Doab (FIN)     05 August 2016

You are in the company and closest to the facts and can decide the best what is suitable to you.

You can choose to minute it in writing and remind the clause/corresponding notice period and refrain from asking to serve 60days notice period,

 

OR

 

Reply verbally

as deemed fit to you at your end.

 

 

 

 

 

 

 


(Guest)

Dear Sir,

My Sister had Joined a MNC on ( 10th Aug 2016 Bangalore) as a contractor employee of consultancy. The joining time they asked us to submit  B.TECH certificate to them. I refused to submit and Joined there without giving the certifcate. Now again now they are calling us to submit the certificate to continue the Job. so she decided to resign from the post, she sent a official resignation letter ( email) ,and stopped going to office. Now they are demanding she should serve the notice period for 45 days and in the offer letter they have mentioned also if quit with in 1 year I have to pay 50K and plus 45 days salary which comes to 1lakh  to them and now they are demanding the money and also telling will take a legal action aganist me.and also they are threatening me will  take legal action. Also she has not taken any training with them.

Also they have deducted for Gratuvity the actual salary they offered me 

My doubts are .

1.Do they have option to take a legal action aganist to me.

2. As per the proof the certificates are with them. which I have not given the time of Joining , Can I highlight to the court and ask for the certificate.

3. Can I file a case aginst them in Labour court.

I have attached the important parts of Offer letter.

Awaiting for your Valuable Reply.

Thanks & Regards

Das

 

 

 

 

 


Attached File : 368298 20161104142612 450631213 doc01.pdf, 368298 20161104142620 450631213 doc002.pdf downloaded: 81 times

(Guest)

Dear Sir,

My Sister had Joined a MNC on ( 10th Aug 2016 Bangalore) as a contractor employee of consultancy. The joining time they asked us to submit  B.TECH certificate to them. I refused to submit and Joined there without giving the certifcate. Now again now they are calling us to submit the certificate to continue the Job. so she decided to resign from the post, she sent a official resignation letter ( email) ,and stopped going to office. Now they are demanding she should serve the notice period for 45 days and in the offer letter they have mentioned also if quit with in 1 year I have to pay 50K and plus 45 days salary which comes to 1lakh  to them and now they are demanding the money and also telling will take a legal action aganist me.and also they are threatening me will  take legal action. Also she has not taken any training with them.

Also they have deducted for Gratuvity the actual salary they offered me 

My doubts are .

1.Do they have option to take a legal action aganist to me.

2. As per the proof the certificates are with them. which I have not given the time of Joining , Can I highlight to the court and ask for the certificate.

3. Can I file a case aginst them in Labour court.

I have attached the important parts of Offer letter.

Awaiting for your Valuable Reply.

Thanks & Regards

Das

 

 

 

 

 


Attached File : 368298 20161104142758 450631213 doc01.pdf, 368298 20161104142806 450631213 doc002.pdf downloaded: 71 times

(Guest)
Originally posted by : Das
Dear Sir,

My Sister had Joined a MNC on ( 10th Aug 2016 Bangalore) as a contractor employee of consultancy. The joining time they asked us to submit  B.TECH certificate to them. I refused to submit and Joined there without giving the certifcate. Now again now they are calling us to submit the certificate to continue the Job. so she decided to resign from the post, she sent a official resignation letter ( email) ,and stopped going to office. Now they are demanding she should serve the notice period for 45 days and in the offer letter they have mentioned also if quit with in 1 year I have to pay 50K and plus 45 days salary which comes to 1lakh  to them and now they are demanding the money and also telling will take a legal action aganist me.and also they are threatening me will  take legal action. Also she has not taken any training with them.

Also they have deducted for Gratuvity the actual salary they offered me 

My doubts are .

1.Do they have option to take a legal action aganist to me.

2. As per the proof the certificates are with them. which I have not given the time of Joining , Can I highlight to the court and ask for the certificate.

3. Can I file a case aginst them in Labour court.

I have attached the important parts of Offer letter.

Awaiting for your Valuable Reply.

Thanks & Regards

Das

 

 

 

 

 

 


Attached File : 368298 20161104143743 450631213 doc01.pdf downloaded: 77 times

das   04 November 2016

Dear Sir,

My Sister had Joined a MNC on ( 10th Aug 2016 Bangalore) as a contractor employee of consultancy. The joining time they asked us to submit  B.TECH certificate to them. I refused to submit and Joined there without giving the certifcate. Now again now they are calling us to submit the certificate to continue the Job. so she decided to resign from the post, she sent a official resignation letter ( email) ,and stopped going to office. Now they are demanding she should serve the notice period for 45 days and in the offer letter they have mentioned also if quit with in 1 year I have to pay 50K and plus 45 days salary which comes to 1lakh  to them and now they are demanding the money and also telling will take a legal action aganist me.and also they are threatening me will  take legal action. Also she has not taken any training with them.

Also they have deducted for Gratuvity the actual salary they offered me 

My doubts are .

1.Do they have option to take a legal action aganist to me.

2. As per the proof the certificates are with them. which I have not given the time of Joining , Can I highlight to the court and ask for the certificate.

3. Can I file a case aginst them in Labour court.

I have attached the important parts of Offer letter.

Awaiting for your Valuable Reply.

Thanks & Regards

Das


Attached File : 368306 20161104150230 450631213 doc001.pdf, 368306 20161104150246 450631213 doc01.pdf downloaded: 81 times

Kumar Doab (FIN)     04 November 2016

@ Das,

While posting such queries employee should always post basic information;



What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?



What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?



How many persons report to you?



You are in which state?

Your service is under probation or confirmed?



For how many months you have been working?



What is the notice period tendered by you?



What is the notice period as per appointment letter?

Has your resignation been accepted? Did you get reply?



Have you been getting salary slips?



What was your monthly salary with break up?


Are you a member of employee's/trade unions?
Have you consulted a very able counsel specializing in Labor/Service matters?

If yes what is his opinion?

 

" ....................if quit with in 1 year I have to pay 50K and plus 45 days salary which comes to 1lakh  to them.................................. By which clause "

 

das   04 November 2016


What is this establishment; Commercial, Industrial?

IT Firm/ Business Servie ( Consultancy)

What is its line of business?

Contract Staffing for Software companies

How many persons are employed in it?
more than 50 People

Does standing order apply in your case; Model/Standing?

Not sure ,can you please give some examples.


What is your designation and nature of duties?

Software Engieer

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

No

Can anyone change/cancel your recommendations?

I dont have the power to change.

How many persons report to you?

None.

You are in which state?

Bangalore,karnataka

Your service is under probation or confirmed?

Not Specified anywhere in the offer letter /Appointment letter.


For how many months you have been working?

2 and Half months

What is the notice period tendered by you?

I havent given any notice period. After speaking to them the next day I have sent a resignation letter.

What is the notice period as per appointment letter?

45 Days

Has your resignation been accepted? Did you get reply?

No..They sent a mail to me that they wont accept the resgination until you work for 45 days.

Have you been getting salary slips?
 Yes..  I have the salary slip for past two months.


What was your monthly salary with break up?
 I have attached the salary Slip.

Are you a member of employee's/trade unions?
No.

Have you consulted a very able counsel specializing in Labor/Service matters?
No.
If yes what is his opinion?
 
" ....................if quit with in 1 year I have to pay 50K and plus 45 days salary which comes to 1lakh  to them.................................. By which clause "

I have attached the documets to you.


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