PRATHAMESH NARWADKAR (TECHNICAL SUPPORT EXECUTIVE) 30 April 2014

Related to notive period

Hello Everyone,

I am working with private IT company as technical support executive.

I have resigned now. I have already served 1 month of notice period and 1 month is remaining.

due to health problem of my parents , I cant serve the remaining notice period. I have requested for the same to company authorities but they told me to complete notice period else pay notice period salary to company.

I am confused now, what to do ?

please suggest me the solution.

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3 Replies

Kumar Doab (FIN) 30 April 2014

Employer can waive off the notice period/pay inserted by it in appointment letter and accepted by employee. Submit a written request in writing to appointing authority,MD under proper acknowledgment.

If no offer letter/appointment letter was issued to you and accepted by you, no agreement is signed by you, you may claim no notice period/pay is applicable to you.

You are located in which state?

Are you under probation or confirmed in writing?

Redg. Office of the company is in which state?

How many employees are employed in this company?

Such companies are covered by Shops and Commercial Establishments Act of the state, and standing orders are applicable.

Resignation can be without permission or notice!

Notice period in (name of your state) Shops and Commercial Establishments Act should not be more than 1 month.

Model Standing Orders: Sec 13- 18 : Notice period in probation period is NIL and after confirmation 1month.

Approach a local labor Consultant/service lawyer discuss in person and proceed under expert advise of your lawyer.

There are many threads on similar query e.g;

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

https://www.lawyersclubindia.com/forum/Employer-not-giving-acceptance-to-the-resignation-101590.asp#.U2CQrUeBmXU

PRATHAMESH NARWADKAR (TECHNICAL SUPPORT EXECUTIVE) 30 April 2014

Thanks Kumar,

I am located in Pune (Maharashtra)

I am confirmed Employee in writing.

Regd. office is in Pune (Maharashtra).

No. of employees in our firm is near about 60-70

PRATHAMESH NARWADKAR (TECHNICAL SUPPORT EXECUTIVE) 30 April 2014

And the Main Thing is that they have mentioned in offer letter that Employee who will leave company without notice period have to pay 2 month salary or 2 months notice period.

I already served 1 months notice period.

I have consulted with HR & Director (Indirectly), They Suggested me to consult with Concern Dept Head.

I have consulted him too. He is refusing now.

Now What To do ?