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S Banerjee (Engineer)     16 November 2012

Resignation with short notice

I Have  put resignation with a notice period of 30 days after 6 yrs employment . But as per my appoinment letter it was 90 days.

previously HR used to give release after adjusting balance leave.( for example ,in my case ,it may be 60 days leave adjustment).but at present HR is tailing that,I must have to serve 90 days to get release letter.

I did not signed any HR norms ,explaining the fact ,that a employee must have to give 90days notice.

So requesting you to advice every possiablity.

Regards



 1 Replies

Kumar Doab (FIN)     16 November 2012

If you can, serve the notice period.

Or prepare well and in advance to convince the company and do not limit yourself to line management and HR, and approach good offices of your appointing authority, MD, Chairman, Company Secretary in writing under acknowledgment with a copy to you.

Subsequent to your notice of resignation submit communications as reminders and mention that your last day in office shall be dated ………as per clause number……..in appointment letter dated……issued to you company may adjust notice pay in your FNF statement and supply you acknowledgement of notice of resignation immediately, and  

the correct FNF statement and payment of your dues by bank DD, Form 16 { as per amounts after adjustment of notice pay and encashment of paid leave etc} , PF number, PF attested copies of withdrawal/transfer forms { submit duly filled in withdrawal/transfer form}for submission by you to PF office, work experience/service certificate, relieving letter, NOC/NDC etc by your last day in office. You may mention that you have completed all assignments on hand and you are willing to cooperate to handover the charge and company should inform you in writing immediately to whom you should handover the charge and company property so that all formalities can be completed smoothly within your last day in office. You may mention in gentle tone that one month is good notice and you are not causing abrupt termination and this is to facilitate the company, and duties may be assigned to you which can be completed within and up to your last day in office. Remain gentle and amiable.

You may agree to adjustment of notice pay @ basic pay, and avoid payment of notice pay by cheque/DD/cash as if your next employer agrees to buy notice period you may be subjected to double taxation and company shall not agree to modify the FNF statement and form 16.

You may obtain copy and go thru leave policy of the company and check if adjustment of annual leave or any leave is allowed against notice period. Obtain copy of employee rule book, HR policy.

You may quote that “previously HR used to give release after adjusting balance leave”.

Employer should circulate all policies to employees by effective mode of communication and keep all docs in knowledge domain of employee. Gossip and rumor can’t be rules.

The state of Karnataka has ended the blanket exemption granted to IT/ITES companies from Industrial Employment Standing Orders Act. As per the Act employer should handover service certificate on last day in office.

SE Act is applicable to IT companies.

SE Act Karnataka;

39: Notice of Dissmissal;

One month. It should be equal for employer and employee.

SE Act Delhi:

 30. Notice of Dismissal:

2)   No   employee     who    has   put  in  three   months’    continuous    service   shall   terminate   his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.


Attached File : 812710564 delhi shops & establishments act, 1954.pdf, 812710564 karnataka%20shops%20and%20commercial%20establishment%20act.pdf downloaded: 219 times

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