We are a software company based out of Bangalore. Actually, one of our employees was deputed to our client's place and received a salary hike a couple of months back. During the appraisal, he had agreed orally that he would serve a notice period of 3 months. Upon his oral approval, we revised his salary. Prior to that, the notice period tenure was 2 months. He has not yet collected his notice period extension letter. The day before, he submitted his resignation, but our clients are not willing to release him before the completion of 3 months.
Is he eligible to serve a 3-month notice period? Could anyone guide me on how to proceed further?
Regards,
Sudhar
From India, Bangalore
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Is he eligible to serve a 3-month notice period? Could anyone guide me on how to proceed further?
Regards,
Sudhar
From India, Bangalore
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You should have served him the amendment letter to his appointment letter and got his signature as a token of his acceptance. Now, there is no written agreement on the N. Period between both parties. In my opinion, the N. Period already agreed upon will only prevail. Verbal agreements do not have legal sanctity.
Pon
From India, Lucknow
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616Pon
From India, Lucknow
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Hi,
You should have asked him to send the mail of the discussion and outputs of the discussion after the appraisal review, and on the basis of that, you should have revised his salary. As Pon said, verbal agreements are not considered at any level and at any cost.
Is he eligible to serve a 3-month notice period?
With respect to your query, only if your company policy states that the employee must serve a 3-month notice period, then he is eligible; otherwise, he is not eligible.
Harsh
From United States, San Antonio
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You should have asked him to send the mail of the discussion and outputs of the discussion after the appraisal review, and on the basis of that, you should have revised his salary. As Pon said, verbal agreements are not considered at any level and at any cost.
Is he eligible to serve a 3-month notice period?
With respect to your query, only if your company policy states that the employee must serve a 3-month notice period, then he is eligible; otherwise, he is not eligible.
Harsh
From United States, San Antonio
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Even company policy, until and unless communicated and agreed upon, it will be difficult for the company to implement because it falls under service conditions.
Oral discussions and agreements are not considered. As per your communication, you cannot ask him to work for 3 months; two months is only his notice period.
Regards - Kamesh
From India, Hyderabad
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Oral discussions and agreements are not considered. As per your communication, you cannot ask him to work for 3 months; two months is only his notice period.
Regards - Kamesh
From India, Hyderabad
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Dear All,
Thanks for your valuable input.
I have drafted a Notice Letter for Extension.....
Sub: Revision of notice period of employment
Ref: Your appointment letter dated
We are pleased to inform you that the organization has revised its People policies with effect from August 2011 and as a consequent to this revision, the clause/section 8 of the appointment order dated ______ has been amended as follows.
Clause No: NOTICE PERIOD
This contract of employment is terminable, without reasons, by either party with a notice period of THREE months' notice on confirmation. Companyxxxxxxxx reserves the right to pay or recover salary in lieu of the notice period. Furthermore, if the notice period is not adhered to, the employee would not be eligible for any compensation on performance incentive, bonus, on-site allowance/perquisites offered by the organization as part of the contract. Additionally, the Company may, at its discretion, relieve you from such date as it may deem fit even prior to the expiry of the notice period.
Kindly review and let me know if any more changes are required.
Regards - Sudhar.
From India, Bangalore
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Thanks for your valuable input.
I have drafted a Notice Letter for Extension.....
Sub: Revision of notice period of employment
Ref: Your appointment letter dated
We are pleased to inform you that the organization has revised its People policies with effect from August 2011 and as a consequent to this revision, the clause/section 8 of the appointment order dated ______ has been amended as follows.
Clause No: NOTICE PERIOD
This contract of employment is terminable, without reasons, by either party with a notice period of THREE months' notice on confirmation. Companyxxxxxxxx reserves the right to pay or recover salary in lieu of the notice period. Furthermore, if the notice period is not adhered to, the employee would not be eligible for any compensation on performance incentive, bonus, on-site allowance/perquisites offered by the organization as part of the contract. Additionally, the Company may, at its discretion, relieve you from such date as it may deem fit even prior to the expiry of the notice period.
Kindly review and let me know if any more changes are required.
Regards - Sudhar.
From India, Bangalore
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