I have a query regarding the notice period. I recently resigned from my organization and submitted the resignation letter stating that I would be serving the required notice period of 1 month. Later in the day, the HR informed me that there is no need to serve the notice period, and I have been relieved from my services with immediate effect. They also informed me that my last month's salary would be deposited in a month's time.
I asked them the reason for the same, to which they replied as administrative routine. They also told me that my relieving and experience letter will be handed in a month. Later when my salary came, there were many deductions in it. Also, since the management decided for me not to serve the notice period, they should have ideally paid me the next month's salary also, which they denied to do.
How can I proceed in such a situation?
From India, Bangalore
I asked them the reason for the same, to which they replied as administrative routine. They also told me that my relieving and experience letter will be handed in a month. Later when my salary came, there were many deductions in it. Also, since the management decided for me not to serve the notice period, they should have ideally paid me the next month's salary also, which they denied to do.
How can I proceed in such a situation?
From India, Bangalore
Simply forget it. It all depends on the offer letter you had from the company. It may be mentioned in the offer letter that one month notice is required, as you said. I feel the company was generous to release you early (perhaps they have their own reasons for not requiring you to serve the notice period) with pay.
From India, Madras
2From India, Madras
The appointment letter which I have clearly stated that If in case the management decided that I shoud not serve the notice period then they will give 1 months salary in lieu of it.
From India, Bangalore
From India, Bangalore
Hi,
Every company has its own standardized full and final settlement procedure. Due to that, deductions are made. You must have received the full and final settlement copy from which you can work out where exactly your money is deducted. If you have not yet received the F&F copy, you can ask for it. It will consist of your leave balance, notice period, and all the information that can address your query.
As rightly said by Balaji, your company is liberal to relieve you early with the pay.
From India, Mumbai
Every company has its own standardized full and final settlement procedure. Due to that, deductions are made. You must have received the full and final settlement copy from which you can work out where exactly your money is deducted. If you have not yet received the F&F copy, you can ask for it. It will consist of your leave balance, notice period, and all the information that can address your query.
As rightly said by Balaji, your company is liberal to relieve you early with the pay.
From India, Mumbai
First, go through your appointment letter, then compare it with the following points.
During the period of probation or the extended period of probation, the contract may be terminated by either side without assigning any reason, and by giving xyz days' notice in writing or payment in lieu thereof.
You shall be entitled to your basic salary and allowances in lieu of the remaining period of notice if the company asks you to leave.
Notwithstanding the aforementioned, the Company shall have the right to terminate your employment without notice or payment of salary in lieu thereof on the occurrence of the following events:
a. you commit any breach of your duties and responsibilities under this contract of service;
b. you are guilty of any gross default or misconduct, misrepresentation, which contravenes the express or implied conditions of your employment;
c. you commit a breach of any of the terms as mentioned in your appointment letter; and
d. you remain absent from work, without any reasonable explanation, for more than (as mentioned in your appointment letter) consecutive days; it will be presumed that you are no longer interested in working for the Company and have abandoned its services;
e. indulge in any activity involving moral turpitude.
From India, Mumbai
During the period of probation or the extended period of probation, the contract may be terminated by either side without assigning any reason, and by giving xyz days' notice in writing or payment in lieu thereof.
You shall be entitled to your basic salary and allowances in lieu of the remaining period of notice if the company asks you to leave.
Notwithstanding the aforementioned, the Company shall have the right to terminate your employment without notice or payment of salary in lieu thereof on the occurrence of the following events:
a. you commit any breach of your duties and responsibilities under this contract of service;
b. you are guilty of any gross default or misconduct, misrepresentation, which contravenes the express or implied conditions of your employment;
c. you commit a breach of any of the terms as mentioned in your appointment letter; and
d. you remain absent from work, without any reasonable explanation, for more than (as mentioned in your appointment letter) consecutive days; it will be presumed that you are no longer interested in working for the Company and have abandoned its services;
e. indulge in any activity involving moral turpitude.
From India, Mumbai
Dear [Recipient's Name],
You should send a copy of your appointment letter along with a request letter providing your one-month salary, as management has decided to relieve you with immediate effect from your organization. Also, inquire about the deductions, as well as full details of your bonus, annual leave, gratuity (if applicable), etc., through registered post. Additionally, please send a scanned copy of your request letter via email or fax.
Give them two weeks to provide a response. Wait and observe their reaction. We are running an NGO and can support your case against your organization free of cost. Please let me know your thoughts on this.
Best Regards,
Sajid Ansari
Delhi
From India, Delhi
You should send a copy of your appointment letter along with a request letter providing your one-month salary, as management has decided to relieve you with immediate effect from your organization. Also, inquire about the deductions, as well as full details of your bonus, annual leave, gratuity (if applicable), etc., through registered post. Additionally, please send a scanned copy of your request letter via email or fax.
Give them two weeks to provide a response. Wait and observe their reaction. We are running an NGO and can support your case against your organization free of cost. Please let me know your thoughts on this.
Best Regards,
Sajid Ansari
Delhi
From India, Delhi
Dear yogesh, This is varsha here,i have gone through ur suggestion ..it was very good,could u pls help me out to suggest me a good consultancy name.actually i m going to start my own consultancy.
From India, Raipur
From India, Raipur
Serving notice period after resignation is the company policy, which is a kind of pressure the company generates to hold a person before relieving or settling full and final accounts.
It is at the management's discretion to relieve you before the notice period, which will be treated as waiving the notice period, and this is appreciated. In case of termination, the onus lies with the management.
So cheer up and look ahead to your new assignment.
From India, Patna
It is at the management's discretion to relieve you before the notice period, which will be treated as waiving the notice period, and this is appreciated. In case of termination, the onus lies with the management.
So cheer up and look ahead to your new assignment.
From India, Patna
Dear Meetu,
The views given by Mr. Shajid are absolutely right, and legally, you are entitled to get one month's salary in lieu of notice as you have given notice, and management relieved you immediately.
Regards,
J. S. Malik
From India, Delhi
The views given by Mr. Shajid are absolutely right, and legally, you are entitled to get one month's salary in lieu of notice as you have given notice, and management relieved you immediately.
Regards,
J. S. Malik
From India, Delhi
In India, there is no job security in the case of private employment, and our government is very silent on this issue. It is a shame that the great trade unions are also not taking up the matter with the government. I had a very bitter experience. After 23 years of sincere service in a private company, one evening, along with some other employees, I was called to the HR department and told to submit our resignations since our services were no longer required by the company, as a part of the retrenchment policy. We submitted our resignations, and the next day we were relieved. However, we were paid one month's salary extra as a token of goodwill. Nowadays, many people are employed on a contract basis only. Our labor ministry should look into this and take serious action.
From India, Palakkad
From India, Palakkad
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