Hi, I am facing a critical issue for which your suggestion would be very much helpful.
I have worked for 6.4 years at XXX, and I sent my resignation to HR and my supervisor on 22nd December 2014. They have accepted the resignation and are processing it accordingly.
According to the norms, my last date at XXX should be 7th February. Generally, the notice period is 30 days, but as I returned from onsite a few months ago, as per the policy, I have to serve 90 days after my return from onsite, which I accepted.
Now the problem begins. I was released from my current project on 22nd December 2014 (the same date when I officially resigned), and currently, I am unallocated to any project. Although I have agreed to serve the full period, my HR informed me that since I am not assigned to any project, XXX is unable to allocate me any work, and they would release me within Dec'14. However, I will only receive basic salary (which is only 1/4th of my total package) until 7th February. Additionally, I am unable to join any other company until 7th February. He mentioned that he would release me within a week, but I would remain bound to XXX until 7th February.
My question is, as I am willing to serve the total notice period, and XXX is unable to allocate me to any project, can XXX force me to serve the entire period with 1/4th salary? Furthermore, if they state that they cannot utilize me and/or do not require my services (which is the implication of being unallocated, I presume), shouldn't they release me immediately so that I can join my next employer promptly? How can the organization compel me to accept 1/4th salary for a month and a half?
From India, Habra
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I have worked for 6.4 years at XXX, and I sent my resignation to HR and my supervisor on 22nd December 2014. They have accepted the resignation and are processing it accordingly.
According to the norms, my last date at XXX should be 7th February. Generally, the notice period is 30 days, but as I returned from onsite a few months ago, as per the policy, I have to serve 90 days after my return from onsite, which I accepted.
Now the problem begins. I was released from my current project on 22nd December 2014 (the same date when I officially resigned), and currently, I am unallocated to any project. Although I have agreed to serve the full period, my HR informed me that since I am not assigned to any project, XXX is unable to allocate me any work, and they would release me within Dec'14. However, I will only receive basic salary (which is only 1/4th of my total package) until 7th February. Additionally, I am unable to join any other company until 7th February. He mentioned that he would release me within a week, but I would remain bound to XXX until 7th February.
My question is, as I am willing to serve the total notice period, and XXX is unable to allocate me to any project, can XXX force me to serve the entire period with 1/4th salary? Furthermore, if they state that they cannot utilize me and/or do not require my services (which is the implication of being unallocated, I presume), shouldn't they release me immediately so that I can join my next employer promptly? How can the organization compel me to accept 1/4th salary for a month and a half?
From India, Habra
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You may find another thread and judgments quoted in it as useful: https://www.citehr.com/513503-notice-period-duration-pg2.html
M/s TCS should be covered by the (Name of the state) Shops and Commercial Establishment Act, and the notice period and rate of notice pay stated in the Act shall prevail, and it is the last drawn monthly payment. You may submit in writing that you are willing to service the full notice period.
After going through the thread mentioned above and another thread mentioned in it, if there are still queries, you may post again.
From India, Chandigarh
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44M/s TCS should be covered by the (Name of the state) Shops and Commercial Establishment Act, and the notice period and rate of notice pay stated in the Act shall prevail, and it is the last drawn monthly payment. You may submit in writing that you are willing to service the full notice period.
After going through the thread mentioned above and another thread mentioned in it, if there are still queries, you may post again.
From India, Chandigarh
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Hi, the organization has provided you with an appointment letter at the time of joining, and the notice period days are mentioned, which you will serve at the time of resignation. Please refer to that. Your incentive would not be considered during the notice period for the processing of your salary for those days.
Regards, Sanjay
From India, Khopoli
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Regards, Sanjay
From India, Khopoli
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Dear Friend,
Please go through the service conditions under which you entered into the service of TCS. You would have agreed that once you are assigned to onsite work and after your return, you have to work for at least 90 days. However, your HR insists that you should serve for 90 days after returning from on-site. The exact date of your return and the 90th day are not clear from your statement.
The HR Department considers your joining report, contract, etc., and makes decisions according to the company's rules, which you signed at the time of joining. If they cannot find a suitable project for you, they may keep you on the bench, which is likely what HR is doing.
I recommend speaking to your HR Department to resolve the issue amicably and obtain a proper relieving letter before pursuing opportunities with another organization. I am confident that TCS HR personnel are capable of deciding in accordance with the principles of natural justice and legality.
All the best,
Subba Rao Bhagavatula.
From India, Hyderabad
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Please go through the service conditions under which you entered into the service of TCS. You would have agreed that once you are assigned to onsite work and after your return, you have to work for at least 90 days. However, your HR insists that you should serve for 90 days after returning from on-site. The exact date of your return and the 90th day are not clear from your statement.
The HR Department considers your joining report, contract, etc., and makes decisions according to the company's rules, which you signed at the time of joining. If they cannot find a suitable project for you, they may keep you on the bench, which is likely what HR is doing.
I recommend speaking to your HR Department to resolve the issue amicably and obtain a proper relieving letter before pursuing opportunities with another organization. I am confident that TCS HR personnel are capable of deciding in accordance with the principles of natural justice and legality.
All the best,
Subba Rao Bhagavatula.
From India, Hyderabad
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Dear Suvo,
What do the company rules say? Is it clearly mentioned there that in the event of non-allocation of any project, the company shall only pay the basic salary? If it is so, then XXX is well within its right to do so. See, the allocation of work and notice period of 90 days are two different issues. The company has not allocated any project to you because maybe there is no work order or maybe they have projects which would take longer than your notice period. Hence, they would release you, but you remain bound by their T&Cs till 7th Feb. They are paying you in any case, isn't it? Yet you may try to convince the HR to waive this condition and sacrifice the basic pay in return. All the best!
S.K.LIMAYE MBA(HRM)
From India, New Delhi
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What do the company rules say? Is it clearly mentioned there that in the event of non-allocation of any project, the company shall only pay the basic salary? If it is so, then XXX is well within its right to do so. See, the allocation of work and notice period of 90 days are two different issues. The company has not allocated any project to you because maybe there is no work order or maybe they have projects which would take longer than your notice period. Hence, they would release you, but you remain bound by their T&Cs till 7th Feb. They are paying you in any case, isn't it? Yet you may try to convince the HR to waive this condition and sacrifice the basic pay in return. All the best!
S.K.LIMAYE MBA(HRM)
From India, New Delhi
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It is better to get relieved immediately without any compensation, receive the relieving letter, and then join the new company. If you have resigned, how can you expect XXX to assign you any new project or task?
From India, Delhi
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From India, Delhi
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Please do not mention company name. We you can post your query without company name.
=>Please refer your compensation policy for Non billable period. I believe it will be only the variable pay which will get affected for non billable period. Who informed you that it will be ¼ of you salary, have your received any mail. You can ask for clarification of the same. If there any policy rolled out earlier, you will have to refer it carefully. Get email clarification from HR on what basis salary will be deducted, Ask for supporting policy which is referred for this impact. If there is any agreement which you have signed, ask them to send copy of terms and conditions.
=>Immediately raise query on your HR web portal & have communication through e mail.
=>It’s very common problem in IT industry especially service based companies; there is less than 20% of chance for engineers to getting allocated to project after resignation.
=>If you’re on permanent rolls of the company. Notice period of all major Indian IT companies is minimum 2 months in Indian. If you’re referring to notice period when you’re at Onsite, I believe it will be 1 months.
From India, Hyderabad
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=>Please refer your compensation policy for Non billable period. I believe it will be only the variable pay which will get affected for non billable period. Who informed you that it will be ¼ of you salary, have your received any mail. You can ask for clarification of the same. If there any policy rolled out earlier, you will have to refer it carefully. Get email clarification from HR on what basis salary will be deducted, Ask for supporting policy which is referred for this impact. If there is any agreement which you have signed, ask them to send copy of terms and conditions.
=>Immediately raise query on your HR web portal & have communication through e mail.
=>It’s very common problem in IT industry especially service based companies; there is less than 20% of chance for engineers to getting allocated to project after resignation.
=>If you’re on permanent rolls of the company. Notice period of all major Indian IT companies is minimum 2 months in Indian. If you’re referring to notice period when you’re at Onsite, I believe it will be 1 months.
From India, Hyderabad
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It is true that HR personnel have to follow the employer's internal policy for HR. HR is expected to advise the employer on compliance with various enactments applicable to the establishment, for which the employer personally can be held responsible. The private rules and policies of M/s XXX cannot supersede or overrule an Act, instrument of law, or statute.
The notice period cannot be more than, and notice pay can't be less than, the notice pay at monthly wages as stated in the Shops and Commercial Establishments Act of the state, standing orders (certified/model).
If you apprehend unfair tactics, walk out with proper acceptance of notice, resignation, service certificate, relieving letter, and do not accept FnF statement. Attach some questions to it in writing under proper acknowledgment and stake your claim later.
From India, Chandigarh
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The notice period cannot be more than, and notice pay can't be less than, the notice pay at monthly wages as stated in the Shops and Commercial Establishments Act of the state, standing orders (certified/model).
If you apprehend unfair tactics, walk out with proper acceptance of notice, resignation, service certificate, relieving letter, and do not accept FnF statement. Attach some questions to it in writing under proper acknowledgment and stake your claim later.
From India, Chandigarh
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Please review the terms of the agreement you have signed and the components of your CTC. You may find two options: legal or mutual. It is advisable to schedule a session with your HR before making any professional decisions on your end.
From India, Mumbai
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From India, Mumbai
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