Hi friends,
I am working in a software company from past 2 years. I have initiated my resignation for some reason.
If company relive me in the notice period itself, is company will give my notice period salary.
In my offer letter it is geven as
The employment with the company is subject to termination on
two months prior notice by either side
The company reserves the right to, at its sole discretion, substitute the notice period by paying you salary in lie of the notice period.
Some of my collegues are saying that company may change the policy and terminate without giving the notice period salary because of current market situation. is it can happen so..
please suggest and guide how i can defend myself.
From United States, Jersey City
I am working in a software company from past 2 years. I have initiated my resignation for some reason.
If company relive me in the notice period itself, is company will give my notice period salary.
In my offer letter it is geven as
The employment with the company is subject to termination on
two months prior notice by either side
The company reserves the right to, at its sole discretion, substitute the notice period by paying you salary in lie of the notice period.
Some of my collegues are saying that company may change the policy and terminate without giving the notice period salary because of current market situation. is it can happen so..
please suggest and guide how i can defend myself.
From United States, Jersey City
Hello,
Every company pay salary to the employee who is on notice period. You will get salary till your last working day. Why you are thinking on the issue till it is not comes to you. Your college said that only. Is it happened with you.
From India, Pune
10Every company pay salary to the employee who is on notice period. You will get salary till your last working day. Why you are thinking on the issue till it is not comes to you. Your college said that only. Is it happened with you.
From India, Pune
Well the first thing is that for every single day what you will spend on notice period will be paid to you. Notice period of two months implies that you will be on working for two months in this organization from the date of your resignation but will still be an employee of them until you complete your notice period. And will get the salary being an employee.
In a simple language, as you have given your resignation, you have given notice of two months to your employer that you will not be more with them after two months and ready to spend this period as per conditions under your employment letter. But if you wanted to relieve early you will have to compensate this lose of your employer, and if employer wants to relieve you before, will pay you accordingly. Both parties are under mutual agreement of employment and none of can breaches this.
You will still be an employee of them until you finish your notice period and will get the salary as you are drawing already.
Second, the question about change in Policy, as I said about that the employment/appointment letter is an agreement of a mutual understanding of both (Employer & Employee) parties, and they both have to follow this, without getting prior consent of an employee they can’t make any change in it. If employer wants to change in the policy and the clause of “Notice Period”, but this will not be applicable for present employees who already bound in a contract but for future employees.
But if the market situation is not good for any company/industry and intended to take this kind of action for recovering the lost or for survival, can relieve the employee by compensating.
Hope you got it..
From India, Gurgaon
In a simple language, as you have given your resignation, you have given notice of two months to your employer that you will not be more with them after two months and ready to spend this period as per conditions under your employment letter. But if you wanted to relieve early you will have to compensate this lose of your employer, and if employer wants to relieve you before, will pay you accordingly. Both parties are under mutual agreement of employment and none of can breaches this.
You will still be an employee of them until you finish your notice period and will get the salary as you are drawing already.
Second, the question about change in Policy, as I said about that the employment/appointment letter is an agreement of a mutual understanding of both (Employer & Employee) parties, and they both have to follow this, without getting prior consent of an employee they can’t make any change in it. If employer wants to change in the policy and the clause of “Notice Period”, but this will not be applicable for present employees who already bound in a contract but for future employees.
But if the market situation is not good for any company/industry and intended to take this kind of action for recovering the lost or for survival, can relieve the employee by compensating.
Hope you got it..
From India, Gurgaon
sub-Notice period
Assuming that you are not a 'workman' withinthe meaning of the Industrial Disputes Act since that requires the issue to be viewed differently, I must say that the terms of employment have been crystallised, as Mr.Anil rightly said, by the letter of appointment which constitutes the contarct between you and the employer and is binding on both of you.Therefore if the employer seeks to modify the existing terms of employment, he has to come to you with another piece of document with modified terms to take your consent. At that time you have to make your choices diligently. If he brings any modification to the existing contractual terms unilaterally, it may not be valid in law unless the letter of appointment also contains a clause that you will abide by any modification that the employer is likely to bring in the existing terms of employment in future.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
Assuming that you are not a 'workman' withinthe meaning of the Industrial Disputes Act since that requires the issue to be viewed differently, I must say that the terms of employment have been crystallised, as Mr.Anil rightly said, by the letter of appointment which constitutes the contarct between you and the employer and is binding on both of you.Therefore if the employer seeks to modify the existing terms of employment, he has to come to you with another piece of document with modified terms to take your consent. At that time you have to make your choices diligently. If he brings any modification to the existing contractual terms unilaterally, it may not be valid in law unless the letter of appointment also contains a clause that you will abide by any modification that the employer is likely to bring in the existing terms of employment in future.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
Thanks madhuri, Anil and Sai.
yesturday i discussed with my manager about this.
My manager said that as you are a non billable resource and you only initiated the resignation HRs will seperate you from the company in two or three days. They will not give the notice period salary.
I also have doubt like , my project is getting closed (in few weeks or months)which means that i may not be having work in the notice period. There is no need to substitute my position by finding other resources, they may relieve immediatly by not paying the notice period salary.
I want to be in the project till the end of my notice period.
please suggest how I can get my notice period salary if they relieve before itself.
Thanks
Shree
From United States, Jersey City
yesturday i discussed with my manager about this.
My manager said that as you are a non billable resource and you only initiated the resignation HRs will seperate you from the company in two or three days. They will not give the notice period salary.
I also have doubt like , my project is getting closed (in few weeks or months)which means that i may not be having work in the notice period. There is no need to substitute my position by finding other resources, they may relieve immediatly by not paying the notice period salary.
I want to be in the project till the end of my notice period.
please suggest how I can get my notice period salary if they relieve before itself.
Thanks
Shree
From United States, Jersey City
Don’t worry it is in your HR had now and they will do their job accordingly.
Second, you forget to read what I said above that you will get the salary for every single day that you will spend with your employer. Well about Notice Period, I want you to go through “Notice Period” clause in your appointment letter once for this ..
From India, Gurgaon
Second, you forget to read what I said above that you will get the salary for every single day that you will spend with your employer. Well about Notice Period, I want you to go through “Notice Period” clause in your appointment letter once for this ..
From India, Gurgaon
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