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(Guest)

Relieving complication

I am approaching the end of the 45 days notice period with my current employer and they have not reverted to me in clear-concise words as to when would be my last day officially. I am required to join the next employer by 01 September 2010 and that cannot be extended by more than a few days. Under the circumstances I am required to get the relieving from my current employer and avoid facing any extension in the notice period as per the special clause mentioned among the words in the underlying Terms of Offer. What should be my steps legally and non-legally so that I may secure the relieving and move on to the next organization.

 

"If you wish to resign from the company, you
are required to give (45) Forty Five days
written notice during and after probation.
You will not be allowed to adjust the accrued
leave against the notice period. The
resignation shall be accepted only on your
fulfilling the terms of the undertakings given
by you during the course of your
employment. The notice period is governed
by the company rules and is subject to
change with immediate effect based on the
company policies from time to time. All
employees need to serve a notice period of
45 days. However, depending on business
requirement, employees may be required by
the company to serve an extended notice
period. This clause is to protect the interests
of the organization and will be evoked
sparingly, with caution. In case the notice
period to be served is beyond 45 days, it
shall need to be specially approved by the
respective GDD and Director-People
Function. In no case shall the notice period
exceed 90 days."



Learning

 2 Replies

Ruchi Choudhary (Manager-HR)     26 August 2010

Pratik, as per the clause in the appointment letter; your notice period is extendable so you cannot fight with your employer however, by mutual understanding you can be relieved. Legally, if you leave the company, you are liable to pay the notice period amount and your company can forfeit the rights of issuing any relieving letter.

Pratheep Kumar (Asst. Manager - HR)     28 August 2010

As per the clause, your normal notice period is 45 days and it can be extended up to 90 days based on the business requirements.  If the company policy is not amended before submission of your resignation you may ask reliving with in 45 days.  If they extended your notice period you may deny accepting the extension of the notice period.

 

There is no prescribed law to refer about the notice period including Standing Orders.  So there will not be any problem to relieve from the existing employer.

 

Regards

 

Pratheep Kumar. R


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