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Safia (Manager HR)     17 August 2011

Notice period - legal implications

I am from the HR department of an IT company.

we face issues wherein employees do not serve their notice period and just leave without any handovers. this gets are business in jeopardy especially if the employee is client facing.

in the appointment letter we mention" the employee has to serve a notice period of 2 months during probation and non probation period" if the company asks employee to leave then it will pay a months salary or give a months notice.

Can any legal action be taken with employees who abscond and do not serve the notice period.

PLus any specific clause that should be incorporated in appointment letter to make it legally binding?

we plan to get the appoitnment letter printed on 100 rupee stamp paper. will this hold good in court?

kindly provide suggestion.

Thanks



Learning

 10 Replies

akash kapoor (*************)     19 August 2011

you acn file a civil suite and can ask for damages.

N.J. MISHRA (Legal Manager)     04 October 2011

Supreme court says that no employee can be forcefully employed against his will, just because he has signed contract with the employer. if you file a civil suit for damages, you have to prove what damages company has suffered and accordingly you have to submit documentry evidence to prove your case. whatever be the case, the wining chances are very less.

Lokendra Singh (Advocate)     05 October 2011

Hi Safia,

You may file civil case for the recovery of damage occurred due to less notice period.

Regards

yashwant (xx)     08 October 2011

I was working in X company.My notice period with the company was of 45 days ie till 2 sep 2011,but with the approval of business head,i got a early relieving ie on 25 august 2011.

I joined new organization on 26 august 2011,but now the HR of my X organization is saying that she will relieve me on 2 sep 2011 ie by system date.

I told the entire case to my new employer and they are saying that this is the case of Double employment.The overlapping is of only 5 days and  after 25 August ,I was in my new organization.

I wanted to know that is it a case of Double employment and if yes what are the consequences of the same?

Please reply

thanks

neel (Employee HR)     11 October 2011

Dear Yashwant,

If you have on paper that an authorized person has relieved you before your actual relieving date then it can't  be a case of double employment.

Kumar Doab (FIN)     11 October 2011

Dear Yashwant,

You have posted that:

"My notice period with the company was of 45 days i.e. till 2 sep 2011, but with the approval of business head, I got a early relieving i.e. on 25 august 2011."

This implies you had submitted your notice of resignation, and your business head i.e. an official who is an authority in the company, relieved you before the due date. You must be having the acknowledgment of submission of your notice of resignation, and some communication/confirmation related to your relieving by your business head. You must be enjoying rapport with business head. You can submit the copy of acceptance of your resignation and relieving order to the new employer and HR of previous employer and that should settle matter. You should contact your business head and request him to clear the matter.

N.J. MISHRA (Legal Manager)     12 October 2011

Completely agree with Mr. Kumar Doab

Vijayarajan (Executive Director)     13 October 2011

One cannot forcibly retain an employee on the ground that he has signed an agreement at the time of appointment. The provisions in the agreement should be at par with the provisions of ID Act, standing orders Act etc. If not the employer will have to prove the loss to the company that the employee has made.

yashwant (xx)     18 October 2011

Hi ,

I have acknowlegment of relieving in email from my business line management. But HR is not in email chain of all that emails. Now HR is denying relieving even after my business unit head have requested her.

Is some one can give the reference of a good lawyer who can push my old organisation to give me relieving of 24 th sep my actual last date in orgnisation not the system date that is 2nd Oct 2011. I also dont understand how a comapany can give relieving of system date if a employee left the orgnisation a week before.

Thx

Yashwant

 

Kumar Doab (FIN)     18 October 2011

The mode of written communication within company provided to employee is by email. The reliving issued by business head should suffice. The employee is not at fault, if HR is not kept in loop by the issuing authority. The employee shall not now resign from current employment and serve the balance notice period and hunt for job again or tender notice pay and message the inflated ego of lady in HR. If the business head is not relieving authority or if HR is issuing authority then the rules in this regards should have been circulated to employee in writing. The episode is nothing but tussle for supremacy of HR in which hapless employee is getting harassed.

You can submit a representation by letter under acknowledgment to the good offices of appointing authority, MD, Head-HR, Company secretary and highlight that you were relieved by not by just anybody but business head and after that only you entered into your future venture and now you would like to focus on your current source of livelihood.

As a good employee you have applied for and obtained proper reliving. Instead of separating at a good note why unnecessarily you are being bothered and a strain is being caused on your current source of livelihood by Ms..............

You can also seek an appointment with the good offices and clear your stand and demand relief. Kindly submit the minutes after the meeting.

Other situation is that your business head has obliged you and now you should apply your rapport, goodwill, negotiation, persuasion, reasoning skills to manage the situation in your favor by talking out the matter with HR and good offices without letting the issue complicate.

If nothing works you can lodge  complaint with local o/o labor commissioner.


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