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Raza (Analyst)     02 February 2015

Resignation with serving half notice period

Greetings Experts!

 I have Joined my Company In Nov 2012 in Grade-G4 (With 30 days notice clause of Buy back),... Got promoted to Grade-G5 in Jan-2014 (Under 60 days notice clause with Buy Back) .

As they had revised the (Exit Policy) in March 2014....

>All confirmed employees of Job Grade G5 are required to serve two calendar months’ notice period.

>Adjustments in Notice Period are not permissible. All adjustments, if any, in exceptional circumstances would be subject to the Management’s decision. 

 

>In case wherein an employee is supposed to pay a Notice Period Recovery amount and does not pay the this amount before serving the last working day, it will be construed that the employee has left the organization without clearing the dues payable and in such cases the notice period recovery amount would be adjusted in the Full and Final calculation and the difference amount (if any) will be payable to the employee. If the notice period recovery amount is more than the payable amount, legal action would be taken against the employee and s/he would not be entitled to receive Relieving and Experience Letter.

 On 7th-Jan-2015, I discussed my resignation with my Reporting Manager and further on 8th Jan 2015 we discussed same with Senior Manager and agreed to 30 days to serve Notice.  Then I have placed my resignation as per consent with Managers discussions, in the light of same I had forwarded my commitments to my future employer .

 My Manager has Accepted My Resignation , However It Is PENDING from HR...

Now Company HR is adamant and asking me to serve full notice period of 60 days. If not then they will raise a legal case on me for ‘not serving Full Notice Period’ Also they will NOT provide me Reliving Letter. 

Now, I have already burn down the maximum limits of notice from my prospective employer.

Please Advice.

Kindly let me know if any detail or information required from me, Kindly share your contact details (Phone/Email) I will Provide you the same.

 

Appreciate your great Help!!

Regards 

Raza



Learning

 5 Replies

Kumar Doab (FIN)     02 February 2015

 It is felt that your issue can be addressed. Your cooperation with more inputs is required.

 

1.      The Line Manager of HR personnel are not your employer…………You have the option of escalating to good offices of  appointing authority,MD……………

Resignation and subsequent communications should be addressed to good offices….

2.      The Relieving letter signifies nothing is pending at the end of employee………………

Here the company has attached the issuance of experience certificate, relieving letter to payment of notice pay alone…………………….

 

Whereas your company has inserted a private policy/rules of making the payment of notice pay in advance………………………..thus you can tender notice pay and satisfy this condition and stake your rightful claim to Relieving letter, Experience Certificate……  

Logically the company should supply the original FnF statement for verification and acceptance by employee showing all payables by it to employee and all payables by employee to company and net amounts payable by either company or employer …..

3.      Did you mention in notice of resignation that it pertains to the discussion with superiors  Mr/Ms……………….on dated……………… and dated……………and as decided by superiors, you are tendering notice period of ……………………days and have firmed up your next employment accordingly…………. i.e. your LWD is dated…………………..and you shall be in your next venture w.e.f. dated…………………..and that as on dated………………..(on which the superiors decided your LWD/notice period ::::::NO tasks were pending at your end (download proof)…………….and routine duties be assigned that can be completed on daily basis within and upto expiry of your notice period on dated………………and you be informed to whom you should handover the charge within and upto last date in office dated………………against acknowledgment on the spot………….and acknowledgment of notice pf resignation, acceptance of resignation, FnF statement in original for verification and acceptance showing adjustment of CORRECT notice period/pay and  payables by you/pyables by company and net amount payable by either employee/employer, salary slips of all months, PF number with a/c slips, ESIC card, service certificate, relieving letter, NOC/NDC be supplied to you within and upto last date in office…………………

4.      Why the HR personnel want you to serve full notice period::::::Have they replied in writing? Generally it is if some tasks are pending and employee is unwilling to indemnify the employer against any financial or other loss and comply with conditions of notice pay in lieu of notice period…………

5.      Did you record the threat of legal cases? Since the option of payment of  notice pay in lieu of notice period is duly inserted in service conditions drafted by employer then such threat can be termed as breach by employer, coercion,intimidation etc…………..

6.      The notice period of 60 days may not be necessarily applicable in your case!

This has been explained in length in many threads e.g.:

https://www.lawyersclubindia.com/experts/Resigned-but-employer-is-not-supportive-520111.asp#.VM9_tS2qr5Y

 

The notice period is part of service conditions that is governed by various enactments applicable to the establishment/employer/employee e.g. ( Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments, standing orders……….. These being enactments/instrument of law/statue…. enacted as per law of the land, shall prevail upon any private agreement/policy/rule drafted by employer and signed with employee e.g. appointment letter/contract of employment/HR policy/service rules and regulations/service agreement etc……………and any service condition that is inconsistent with such enactments shall not survive…….

After going thru the above thread you may post other information that is relevant..

 

7.      What exactly is promotion to Grade5?

The increase in your grade may not necessarily mean promotion or confirmation of employment …………………and might just be increase in remuneration! If yes it may not necessarily invite amendment of service conditions!

Your lawyer may opine that service conditions can not changed without notice of 21 days and till accepted in writing by employee and you are covered by the def. of ‘Employee’ and ‘Workman’….

If you are unable to handle the matter on your own entrust it to your labor Law Consultant/service matters lawyer!

 

Are you a member of any employee’s/Trade Unions::::::If NO would you mind posting ::;Why? 

Raza (Analyst)     02 February 2015

Kumar Sir,

Many Many Thanks for quick reply !

Reply 1>>. My Senior Manager And Director are difficult to approach since they are on business Travel for next 2 more weeks

Reply 2>>. I have duly mentioned, “I am open to pay in lieu of notice period.”

Reply 3>>. Did you mention in notice of resignation that it pertains to the discussion with superiors (Portion of my resignation letter/email) “After careful consideration, I have come to make this decision to resign from my designation of ‘Sr. Post Name’ (not a manager position). The services I had served here from 14/Nov/2012 and intend to serve till Friday 6th Feb 2015. (As discussed)” And in another communication, “…I have placed my resignation after thoughtful discussions as per ethics and protocol, in the light of same I have forwarded my commitments…”

Reply 4>>. No concrete reasons provided yet except these lines… “…You are requested to serve you entire notice period. …” “…While we do understand your concern, but we cannot waive off your notice period. You need to serve the entire notice period till 6th March 2015.Please do note there is not waiver on the notice period for any individual...”

Reply 5>>. Did you record the threat of legal cases? It was a verbal communication hence not recorded..

Reply 6>>. I have all documents ready with me , I can share the same upon the sharing of email ID (mine is > asus78692@gmail.com). As I am unsure if it is okay for me to share the company policies in forum. 

Reply 7>>. This is just next grade with Senior Tag to profile with increment in Salary and work profile shall remain the same. I am not listed with any Trade/Employee Union as I am not educated and aware about the same.

Thanks & Regards Raza

Kumar Doab (FIN)     02 February 2015

1.      You can send email ( with read and received……..preferably from personal email id………….as it is personal matter ) to Appointing Authority and if they are reading other emails they can read your too and respond.You can even send letter by redg. Post and it is their responsibility to attend as suitable….

 

2.      You may quote the exact clause number as posted by you and thus stake claim that this option is duly provided by the company itself and it can’t violate. Moreover 30 days is sufficient time for the employer to put his house in order and complete the exit formalities.

 

However you must add statements like : NO tasks are pending: To whom charge is to be handed over:notice period of 30 days duly accepted by Manager (obtain receipt on your company and if possible get the seal affixed on it and attach a scanned copy to the same manager for record etc by subsequent communications…….

 

3.      cite reference of the clause number……………vide which notice pay in lieu of notice period can be tendered….

4.      Waiver is not required in light of clause number…………The HR personnel might not be an authority as per appointment order issued to accept resignation…………

5.      Record verbal threats and record in minutes of meeting.

6.      I am not available for discussions by email, phone. If you wish to attach you may erase the names etc to maintain the confidentiality……………or you can show it to your Labor Law Consultant/service Matters Lawyer…………..

7.      If you are not a manager then the enactments as in thread mentioned above should apply to you and notice period of 60 days should not apply in your case………….and NO Labor Inspector can accept 60 days notice period as per private policy of the employer………….. your Labor Law Consultant/service Matters Lawyer………….. can finally update you and opine on it.

8.      Like many other employees you have grossly erred by not becoming member of employee’s unions Trade unions like CITU,INTUC,AITUC,BMS etc……………and had you been a member you would have been properly informed…….

 

 

 

9.      Avoid emotional outburst. Remain amiable and gentle…………and not rigid, adamant.Let elders in your family accompany to your  Labor Law Consultant/service Matters Lawyer…………..

And let your counsel draft your representations………………

 

10 You have also erred by not mentioning the applicable notice period (as per private policy of your current employer:::60 days) in employment application to your next employer….

Ideally you should………………………….This also has been discussed in detail in other thread suggested to you………….

 

 

Handling the employer is a skill and skill can be acquired.

Proceed carefully and defend your interest.

 

 

1 Like

Noel   29 May 2016

Hello, I was working with MNC and my notice period was 3 months. After discussing with my reporting manager I have served only 1 month which she is agreed for and also given the acceptance for the same. Now after 3 months when I asked for the FNF HR said " we have adjusted your notice period against the recovery of 2 Months notice period" and he we had accepted the notice period but we have not mentioned waived off 2 months in the mail. Can I claim my FNF since it was accepted by my reporting Manager? And they did not inform me about the recovery of 2 Months and no one object on my resignation also. Please advice

Kumar Doab (FIN)     30 May 2016

@ Noel,

 

 

Pls don't post in every thread.

 

YOur queries have been addressed in original thread initiated by you.

 

You may post reply to all points, pointwise, as already asked from you.

You may post, only  in original thread initiated by you.

 


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