Dear Friends,
One of my friends has resigned from the company recently and wants to leave immediately. He was in a senior position, and as per the appointment letter, was required to serve a notice period of 30 days. His new company is agreeing to pay his current company the amount for the notice period not served. However, the management is adamant and says they don't want money but want the employee to complete his notice period. Please suggest if the company can take any legal action against him if he doesn't wish to serve the notice period but is willing to pay in lieu of it.
Regards,
Amit
From India, Ahmedabad
Acknowledge(0)
Amend(0)
One of my friends has resigned from the company recently and wants to leave immediately. He was in a senior position, and as per the appointment letter, was required to serve a notice period of 30 days. His new company is agreeing to pay his current company the amount for the notice period not served. However, the management is adamant and says they don't want money but want the employee to complete his notice period. Please suggest if the company can take any legal action against him if he doesn't wish to serve the notice period but is willing to pay in lieu of it.
Regards,
Amit
From India, Ahmedabad
Acknowledge(0)Amend(0)
Hi Amit,
I am also in the same situation. Our official notice period is 2 months, but I need it within 30 days. Are there any other possibilities for immediate termination? What are the reasons we can get immediate termination?
Thanks,
Madhan
From India, Chennai
Acknowledge(0)Amend(0)
I am also in the same situation. Our official notice period is 2 months, but I need it within 30 days. Are there any other possibilities for immediate termination? What are the reasons we can get immediate termination?
Thanks,
Madhan
From India, Chennai
Acknowledge(0)Amend(0)
Hi,
1. As you said, if he is in the probation period, then there is no need to serve a notice period unless a particular clause is mentioned in the appointment letter for the probation period.
2. If there is no clause mentioned, you may leave.
3. If the appointment letter mentions that the employee should pay one month's salary in lieu of the notice period, then the management will accept that amount and relieve you.
4. It totally depends on the clauses mentioned in your appointment letter.
From India, Mumbai
Acknowledge(0)Amend(0)
4291. As you said, if he is in the probation period, then there is no need to serve a notice period unless a particular clause is mentioned in the appointment letter for the probation period.
2. If there is no clause mentioned, you may leave.
3. If the appointment letter mentions that the employee should pay one month's salary in lieu of the notice period, then the management will accept that amount and relieve you.
4. It totally depends on the clauses mentioned in your appointment letter.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Amit,
The company has the right to reject the payment in lieu of and demand that the entire notice period be served. Once the company has provided this in writing, if the employee exits without completing the notice period, the company can penalize the employee by issuing an absconding letter and also withholding the experience and relieving letter.
Even if the clause is present, it typically mentions the word 'can,' and therefore, the company reserves the right to reject the payment in lieu of notice. In a senior position, knowledge transfer to the right person holds more importance than money.
Therefore, it is necessary to convince the management through negotiation before making a decision.
Regards,
Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
The company has the right to reject the payment in lieu of and demand that the entire notice period be served. Once the company has provided this in writing, if the employee exits without completing the notice period, the company can penalize the employee by issuing an absconding letter and also withholding the experience and relieving letter.
Even if the clause is present, it typically mentions the word 'can,' and therefore, the company reserves the right to reject the payment in lieu of notice. In a senior position, knowledge transfer to the right person holds more importance than money.
Therefore, it is necessary to convince the management through negotiation before making a decision.
Regards,
Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Amit and all followers with a similar issue,
First of all, I would like to mention that it is quite unethical to leave a company without serving proper notice as required prior to leaving any company, irrespective of size and the position one holds in that organization. However, this is an ethical issue and has nothing to do with individual requirements.
Now, the second important and legal issue, which has been asked for.
Please go through the terms of appointment. There must be some clear mention about the terms of separation from the company either on the part of management or on the part of the concerned employee. Follow the terms, and there will be no legal consequences. If notice is required, give notice; if equivalent payment can be made in lieu of notice, make the payment. I don't see any reason that the HR people in your organization will force you to serve the notice period if provisions allow for payment in lieu thereof.
If one fails to fulfill any of the two conditions (notice period or payment in lieu of notice), he will unnecessarily warrant legal consequences that will adversely affect one's future prospects and plans in a career.
AK Jain
From India, New+Delhi
Acknowledge(0)Amend(0)
First of all, I would like to mention that it is quite unethical to leave a company without serving proper notice as required prior to leaving any company, irrespective of size and the position one holds in that organization. However, this is an ethical issue and has nothing to do with individual requirements.
Now, the second important and legal issue, which has been asked for.
Please go through the terms of appointment. There must be some clear mention about the terms of separation from the company either on the part of management or on the part of the concerned employee. Follow the terms, and there will be no legal consequences. If notice is required, give notice; if equivalent payment can be made in lieu of notice, make the payment. I don't see any reason that the HR people in your organization will force you to serve the notice period if provisions allow for payment in lieu thereof.
If one fails to fulfill any of the two conditions (notice period or payment in lieu of notice), he will unnecessarily warrant legal consequences that will adversely affect one's future prospects and plans in a career.
AK Jain
From India, New+Delhi
Acknowledge(0)Amend(0)
Dear Amit,
Your query has been well answered by our esteemed team member Shri. A.K. Jain, providing transparency for both employees and employers. The exit procedures should always be clearly outlined in the appointment order, not only during the probationary period but also post-confirmation. Every employee has the right to choose their career path for better prospects but must adhere to the prescribed procedures. As Mr. Jain rightly mentioned, serve the notice period or provide payment in lieu thereof, and request management for early relieving.
There is a growing trend where the exit clause is omitted from the appointment order. Recently, I encountered a case where the notice period was not specified, and an employee submitted resignation, seeking immediate relieving within a day. The employer did not agree, leading the employee to seek intervention from the Labour Commissioner. Ultimately, the Labour Commissioner upheld the employee's argument, ordering the employer to grant full and final settlement of services.
I urge all HR executives to take note and ensure that the exit clause is explicitly included in the appointment order, benefiting both employees and employers.
Adoni Suguresh
Sr. Executive (Personnel, Administration & Industrial Relations) Retired
Labour Laws Consultant
From India, Bidar
Acknowledge(0)Amend(0)
Your query has been well answered by our esteemed team member Shri. A.K. Jain, providing transparency for both employees and employers. The exit procedures should always be clearly outlined in the appointment order, not only during the probationary period but also post-confirmation. Every employee has the right to choose their career path for better prospects but must adhere to the prescribed procedures. As Mr. Jain rightly mentioned, serve the notice period or provide payment in lieu thereof, and request management for early relieving.
There is a growing trend where the exit clause is omitted from the appointment order. Recently, I encountered a case where the notice period was not specified, and an employee submitted resignation, seeking immediate relieving within a day. The employer did not agree, leading the employee to seek intervention from the Labour Commissioner. Ultimately, the Labour Commissioner upheld the employee's argument, ordering the employer to grant full and final settlement of services.
I urge all HR executives to take note and ensure that the exit clause is explicitly included in the appointment order, benefiting both employees and employers.
Adoni Suguresh
Sr. Executive (Personnel, Administration & Industrial Relations) Retired
Labour Laws Consultant
From India, Bidar
Acknowledge(0)Amend(0)
Hello everyone!
I have this query that I need you to help me with. I had been working in this school in Noida for the past 3 years. It has been a very bad roller coaster ride for me. Initially, I was recruited as a telesales person on contract basis for admission purposes. Even though I was reluctant, the HR convinced and promised me that she would get me a new designation on the school payrolls within 6 months. All this was verbally promised. Trusting her, I joined. After the completion of my 6 months, I was then given an extension of 3 months and even though I was a ‘Telesales’ person, I was relocated to the Delhi HO and given a different assignment. I persevered. I sincerely focused on this particular assignment given to me and I grew this project from a seedling to sap and then in full bloom to say. Due to the appreciation of my work, my contract was again extended for another 3 months.
Finally, in June 2012, the Principal of the school who appreciated my work convinced the senior management to put me on the company’s payroll and I was finally reporting to her. They did not increase my salary, only gave me a designation and I was a full timer. From June 2012 till November 2013, it was good. I was an EA to the principal, looking after the assignment and also HR. Being a sincere worker I never thought of going to the senior management to ask for a hike in salary. They only gave me an appraisal of Rs. 1900 in the last two years, but everything was good as the environment and people were great, I had no complaints.
In November 2013, the Principal left due to the senior management. I was to report to the new Principal who was a complete contrast to her. She had problems dealing with everyone and couldn’t manage a rapport with anyone. Things went from being great to miserable. She started creating politics between all the employees and the whole thing went out of control to such an extent that all of us decided to go to the country director after 4 months of bearing. He listened to us and made enquiries. Top management people came in to talk to us and we told them the truth. Then it all back fired. One day I find out they are looking to recruit a new EA. I get shifted out of the school and back again into the HO and now without any designation. So technically I’m still an EA and there is also the new EA.
From April to June 2014 I ask for a meeting with the CD and finally he meets me. I ask him why I have still not been given a designation even though the work I have been given is completely different from what I was doing. He just replies that due to financial constraints and because of the budgeting I ‘may’ have to wait till the next financial year and that too he cannot guarantee. Also he was furious as I had indirectly conspired against the new principal and was forming a union which was a shocker for me. I would not be given a raise till then either. So I discussed this with my new supervisor and she told me that nothing would happen. I again called for a meeting with the CD in May. In the mean time I got two offers from prestigious schools offering me better pay packages. I asked him again about my designation status and increment and he again told me that he couldn’t do anything.
After consultation with my supervisor, I decided to resign the same evening. The new school was recruiting me and I had to join within 20 days time. My notice period was 3 months. My supervisor discussed this angle with the CD who told her that he would take legal action if I didn’t serve my 3 month notice period. I decided that I would not serve the notice period. I had over 20 days of pending leaves. Finally he must have consulted his lawyer and submitted to my given resignation.
I have joined my new school, however my question is, I’m not asking for my salary but in the above mentioned circumstances and being treated so unfairly, am I entitled to my salary for the number of days I had worked? Also am I not entitled to receive an experience certificate? This experience has really shaken me up and unfortunately made me believe in the phrase ‘Kaam utna karo ki salary jyada lage’.
I feel abused and taken for a ride. Kindly suggest.
From India, Delhi
Acknowledge(0)Amend(0)
I have this query that I need you to help me with. I had been working in this school in Noida for the past 3 years. It has been a very bad roller coaster ride for me. Initially, I was recruited as a telesales person on contract basis for admission purposes. Even though I was reluctant, the HR convinced and promised me that she would get me a new designation on the school payrolls within 6 months. All this was verbally promised. Trusting her, I joined. After the completion of my 6 months, I was then given an extension of 3 months and even though I was a ‘Telesales’ person, I was relocated to the Delhi HO and given a different assignment. I persevered. I sincerely focused on this particular assignment given to me and I grew this project from a seedling to sap and then in full bloom to say. Due to the appreciation of my work, my contract was again extended for another 3 months.
Finally, in June 2012, the Principal of the school who appreciated my work convinced the senior management to put me on the company’s payroll and I was finally reporting to her. They did not increase my salary, only gave me a designation and I was a full timer. From June 2012 till November 2013, it was good. I was an EA to the principal, looking after the assignment and also HR. Being a sincere worker I never thought of going to the senior management to ask for a hike in salary. They only gave me an appraisal of Rs. 1900 in the last two years, but everything was good as the environment and people were great, I had no complaints.
In November 2013, the Principal left due to the senior management. I was to report to the new Principal who was a complete contrast to her. She had problems dealing with everyone and couldn’t manage a rapport with anyone. Things went from being great to miserable. She started creating politics between all the employees and the whole thing went out of control to such an extent that all of us decided to go to the country director after 4 months of bearing. He listened to us and made enquiries. Top management people came in to talk to us and we told them the truth. Then it all back fired. One day I find out they are looking to recruit a new EA. I get shifted out of the school and back again into the HO and now without any designation. So technically I’m still an EA and there is also the new EA.
From April to June 2014 I ask for a meeting with the CD and finally he meets me. I ask him why I have still not been given a designation even though the work I have been given is completely different from what I was doing. He just replies that due to financial constraints and because of the budgeting I ‘may’ have to wait till the next financial year and that too he cannot guarantee. Also he was furious as I had indirectly conspired against the new principal and was forming a union which was a shocker for me. I would not be given a raise till then either. So I discussed this with my new supervisor and she told me that nothing would happen. I again called for a meeting with the CD in May. In the mean time I got two offers from prestigious schools offering me better pay packages. I asked him again about my designation status and increment and he again told me that he couldn’t do anything.
After consultation with my supervisor, I decided to resign the same evening. The new school was recruiting me and I had to join within 20 days time. My notice period was 3 months. My supervisor discussed this angle with the CD who told her that he would take legal action if I didn’t serve my 3 month notice period. I decided that I would not serve the notice period. I had over 20 days of pending leaves. Finally he must have consulted his lawyer and submitted to my given resignation.
I have joined my new school, however my question is, I’m not asking for my salary but in the above mentioned circumstances and being treated so unfairly, am I entitled to my salary for the number of days I had worked? Also am I not entitled to receive an experience certificate? This experience has really shaken me up and unfortunately made me believe in the phrase ‘Kaam utna karo ki salary jyada lage’.
I feel abused and taken for a ride. Kindly suggest.
From India, Delhi
Acknowledge(0)Amend(0)
Dear,
Your story and experience are shocking. Now the picture is entirely different. The following may be noted:
1) The school in which you worked was a private school.
2) The terms of appointment/leaving as a permanent employee were not spelled out in writing, hence you cannot be forced to serve a 3-month notice period or take any legal action. At most, they will deny an experience letter.
3) The management is bound to pay you salary for the days worked, but if they are reluctant, you may take shelter of the law, which you may not prefer. So, my suggestion is to forget the past and think of the future ahead with peace and calm. Bothering about the suffering in the past will make you feel bad in the present and reflect upon your dedication in the current assignment.
4) If the previous school management has deducted any provident fund, etc., you can claim through them or make an application to the EPF Commissioner for the transfer of the amount to the new PF account, if any, opened with the new school.
Best of luck and good wishes for the future ahead.
AK Jain
From India, New+Delhi
Acknowledge(0)Amend(0)
Your story and experience are shocking. Now the picture is entirely different. The following may be noted:
1) The school in which you worked was a private school.
2) The terms of appointment/leaving as a permanent employee were not spelled out in writing, hence you cannot be forced to serve a 3-month notice period or take any legal action. At most, they will deny an experience letter.
3) The management is bound to pay you salary for the days worked, but if they are reluctant, you may take shelter of the law, which you may not prefer. So, my suggestion is to forget the past and think of the future ahead with peace and calm. Bothering about the suffering in the past will make you feel bad in the present and reflect upon your dedication in the current assignment.
4) If the previous school management has deducted any provident fund, etc., you can claim through them or make an application to the EPF Commissioner for the transfer of the amount to the new PF account, if any, opened with the new school.
Best of luck and good wishes for the future ahead.
AK Jain
From India, New+Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Appointment Letter to an Employee for fixed period.doc
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf