Upgrad LLM

notice period issues. help!!!


Hello All,

I work for a reputed IT company. I am facing problems in resigning.

Company has a three months notice period. Due to certain family issues i am not
in a condition to serve the notice period.

I am ready to pay for the 3 months notice period.

I would like to know , if it is legal by Indian Law to pay salary in lieu of notice period.

Kindly advise.Thanks.

 

 

 

 

 

 

 

 
Reply   
 

Dear Khushi,


if u r really having any family commitments or any issue, just disclosed them b4 the HR of ur co.,

further, it is suggested to discuss the entire matter in details so that v can suggested u sumthng or  if still any problem, feel free to contact me asap to proceed further.

Manoj kumar,

Advocate,

Delhi.
Ph: 09310443650 / 09319220768

Email: advocates.agra@gmail.com

"Speak less to the people whom you like most... Because if they can't understand your silence ......They can never understand your words...!!"

 
Reply   
 


FIN

It is suggested that you may not end the employment abruptly an tender some reasonable notice of resignation say 1 month, thus enabling the employer to find and train your replacement and thus avoid loss.

By tendering reasonable notice you are avoiding a situation and employer can not charge you for having caused a loss, delays etc.

However you should mention:

-effective date of your resignation in your appointment letter say 1 month from date of notice and that you are willing to pay notice pay @ as expressed in your appointment letter ( @ basic pay if nothing is mentioned) after the FNF statement is supplied to you which includes all payables to you by the company and all receivables from you by the company and accordingly you shall make the payment of correct amount if any payable by you by a/c payee cheque favoring the company and receipt under original signature and seal of the competent employee of the company shall have to be issued on the spot.

-if there are some compelling and unavoidable issues you should express these to your line management , and good offices including appointing authority, Head-HR, MD/CEO, Chairman, in writing under proper acknowledgment.

Such situations are test of employee and employer. As an employee you should avoid loss to you and employer and apply your goodwill, rapport, persuasion, persistence, negotiation, reasoning skills.

If you are able to resolve the situation while in employment this shall be the quickest and easiest solution.

If despite your best efforts you do not get a  relief you may document all representations made by you a gentle letter in writing under acknowledgment, citing your notice of resignation and resign offering to pay the notice pay.

 
Reply   
 

Thank you both for the response.

The main problem is i can't serve 1 month notice period also as i recently got married(in short notice) and i have to accompany him abroad.

My company knows about my situation and i have asked them for whole notice period buyout.
They haven't replied me yet.

So is this legal or am i breaking any laws?  I don't want to leave on negative basis.

Can the Company proceed for legal action against me?

Thanks.

 
Reply   
 

Thank you both for the response.

The main problem is i can't serve 1 month notice period also as i recently got married(in short notice) and i have to accompany him abroad.

My company knows about my situation and i have asked them for whole notice period buyout.
They haven't replied me yet.

So is this legal or am i breaking any laws?  I don't want to leave on negative basis.

Can the Company proceed for legal action against me?

Thanks.

 
Reply   
 
FIN

Appraise the good offices in writing under acknowledgment, mention effective date of resignation as suitable to you, request to waive off the notice pay. If they do not acceed to waiver offer to tender notice pay but ask to settle in FNF statement.

Employee can tender notice pay in lieu of serving the notice pay.

 
Reply   
 

Hi,

Company is not ready to accept the salary payout option and they want me to serve the entire notice period... (which I can't ) else my separation will be treated as unclear.

Can anybody advise me now what to do?

 
Reply   
 
FIN

It is believed that all transaction posted by you are verbal by HR/line management.

You may submit a written representation to the good offices mentioning all representations/requests made by you with name and designation/dept of concerned personnel of the company and date and your compelling reasons to resign, mentioning effective date of resignation. You may mention that you have already explained that you are willing to tender notice pay after the receipt of FNF statement accounting all payable to you by company and all receivables from you by company including notice pay, by a/c payee cheque favoring company against receipt on the spot, under original seal and signature of the competent employee of the company.

You may seek an appointment from good offices to meet them in person to explain your point in person say with in next 7 days. If they do not grant an interview in writing you may walk in and try to meet them. However now on wards you should minute all discussions.

You may request to take charge from you on effective date of resignation, and company property under acknowledgment on the spot. You may ask to supply you the acknowledgment of notice, acceptance of resignation, work experience/service certificate, relieving letter, from 16, PF number/accumulation reports/transfer and withdrawal forms, NDC/NOC, FNF statement, settlement and payment of your dues, etc to supplied to you within effective date of your resignation by redg post.

You may mention that you are leaving the country.

If no relief is granted you may issue reminders in writing under acknowledgment and submit your final resignation on effective date of resignation under acknowledgment.

If you wish you have the option to issue notice/legal notice.It is unfortunate that company/HR/line management is adamant.

Valuable advice of learned experts/members is sought.

 

 
Reply   
 

Thank you Kumar Doab for the advise.

But I have everything in written. I had already given my resignation  to the good offices. Also gave in writing about my problem and that i am willing to pay in lieu of notice period.
Till now i have not discussed anything about my relieving/experience letter with them . I was first looking to get relieve on a positive note.
As per their response, it's very difficult  for me to work now in the company..
If I do not serve notice period, then will they stop my relieving/experience letter?

 
Reply   
 
FIN

They may and they can sit on work experience/service certificate and relieving letter.

A smart employee shall no get bogged down by the situations and shall keep the dialogue open and apply his/her persuasion, persistence, reasoning, negotiation, convincing skills and his/her rapport goodwill with line management, HR, good offices and thus get the issues resolved as per his/her rights while being in employment. This is the quickest and easiest solution. Complete all assignments, remain vigilant and do not leave any room to charge you any count, and post any adverse comment against you. Keep your written record perfect.

Employee must clear his/her dues/outstandings e.g. handing over the charge, company property, completing the tasks on hand, money advanced, imprestt cash, loan etc ( if any. Employee must at least mention to good offices in writing under acknowledgment that money advanced, imprestt cash, loan may be adjusted in FNF statement and outstanding as per FNF statement shall be paid by him /her).

Relieving letter is issued post all settlements. If there is no outstanding at the end of employee and the employer still delays the relieving letter employer is at fault.

Work experience/service certificate should ideally be supplied along with FNF statement on last day in office or within 2 days from last day.

If despite your best efforts employer delays you can approach the o/o labor commissioner or your lawyer. Your lawyer shall handle the matter.

 
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