Dear,
I totally agree with Mr. J.S. Malik as I have experienced this situation with the management in one of my organizations. They had a three-month notice period and found a replacement within two months. Consequently, they informed me that they were relieving me without salary. I had to escalate the issue to the top management to resolve it. Eventually, they paid me for the third month, and I also requested an experience letter until the last date of my notice period.
Therefore, I encourage you to stand up for your rights. It is the employee's right. If we adhere to the decisions and follow the rules and regulations, the company is obliged to compensate us according to the policy.
Thanks,
Adhieti
09371253336
From India, Ahmadabad
I totally agree with Mr. J.S. Malik as I have experienced this situation with the management in one of my organizations. They had a three-month notice period and found a replacement within two months. Consequently, they informed me that they were relieving me without salary. I had to escalate the issue to the top management to resolve it. Eventually, they paid me for the third month, and I also requested an experience letter until the last date of my notice period.
Therefore, I encourage you to stand up for your rights. It is the employee's right. If we adhere to the decisions and follow the rules and regulations, the company is obliged to compensate us according to the policy.
Thanks,
Adhieti
09371253336
From India, Ahmadabad
Dear Meetu,
The company cannot deduct the notice period from your full and final settlement, since it was the company's decision to relieve you, not yours. You wanted to serve the notice period. You should communicate with your HR department in a written letter about the same. I am sure you will get a positive response.
Regards, Jagdish Pathak
From India, Gurgaon
49The company cannot deduct the notice period from your full and final settlement, since it was the company's decision to relieve you, not yours. You wanted to serve the notice period. You should communicate with your HR department in a written letter about the same. I am sure you will get a positive response.
Regards, Jagdish Pathak
From India, Gurgaon
I also agree with Mr.Sajid views,so don’t worry meetu go ahead as Sajid has told you to do and watch ot wat happens. It will be good as u had not done any wrong thing. Regards Bharti K
From India, Mumbai
From India, Mumbai
I do not agree with some of the views expressed in this thread.
The purpose of the notice period is to avoid a sudden hole in the organization in case someone decides to leave. The notice period gives time for the employer to find a suitable replacement and also to reallocate work to someone else to complete the job at hand and properly hand over the work.
In certain cases, there are employees who are either deadwood or are not productive and are not contributing much to the organization. In such cases, the employer will not waste their time and money by retaining them on the notice period.
Once an employee decides to leave the organization, they are not likely to make much contribution to the organization. They are interested in somehow handing over their work to someone and moving on.
In this case, all the points mentioned above could be managed in very few days, and the employer was in a position to relieve the employee soon.
In this case, there is no need for the employer to pay any notice pay. The employee decided to leave, and the employer felt that there was no need to insist on the notice period.
Employees should also be aware of the situation in their organization and their standing in the organization so that such decisions do not come as a surprise to them.
Thanks & Regards
From India, Pune
The purpose of the notice period is to avoid a sudden hole in the organization in case someone decides to leave. The notice period gives time for the employer to find a suitable replacement and also to reallocate work to someone else to complete the job at hand and properly hand over the work.
In certain cases, there are employees who are either deadwood or are not productive and are not contributing much to the organization. In such cases, the employer will not waste their time and money by retaining them on the notice period.
Once an employee decides to leave the organization, they are not likely to make much contribution to the organization. They are interested in somehow handing over their work to someone and moving on.
In this case, all the points mentioned above could be managed in very few days, and the employer was in a position to relieve the employee soon.
In this case, there is no need for the employer to pay any notice pay. The employee decided to leave, and the employer felt that there was no need to insist on the notice period.
Employees should also be aware of the situation in their organization and their standing in the organization so that such decisions do not come as a surprise to them.
Thanks & Regards
From India, Pune
Dear Friend , Absuletly what has been suggested by Mr.Sajid is legaly right. Tks mahesh pandey
From India, Calcutta
From India, Calcutta
Dear Meetu,
You resigned and were willing to serve, but the company did not require your services; hence, they relieved you immediately. Whenever you resign, you either pay or serve the notice period. You were willing to serve, but the employer did not require your services; hence, they relieved you. You must ask them to waive the notice period. Also, remember if the employer asks you to leave, it is termination of the contract, and it is then that they pay you.
Roopradhika
From India, Aurangabad
You resigned and were willing to serve, but the company did not require your services; hence, they relieved you immediately. Whenever you resign, you either pay or serve the notice period. You were willing to serve, but the employer did not require your services; hence, they relieved you. You must ask them to waive the notice period. Also, remember if the employer asks you to leave, it is termination of the contract, and it is then that they pay you.
Roopradhika
From India, Aurangabad
Dear Meetu,
The exit clause contained in a standard Appointment Letter stipulates a Notice Period. In your case, it appears that the Notice Period is One Month. Since you have given a clear One Month's notice in your resignation letter to the Company, the Company is obliged to pay you one month's salary in lieu of the notice if the management decides to relieve you earlier. In short, you are entitled to receive one month's salary in lieu of the notice you have given to the Company.
Best Wishes,
Vasant Nair
09717726667
From India, Mumbai
The exit clause contained in a standard Appointment Letter stipulates a Notice Period. In your case, it appears that the Notice Period is One Month. Since you have given a clear One Month's notice in your resignation letter to the Company, the Company is obliged to pay you one month's salary in lieu of the notice if the management decides to relieve you earlier. In short, you are entitled to receive one month's salary in lieu of the notice you have given to the Company.
Best Wishes,
Vasant Nair
09717726667
From India, Mumbai
Your contention is essentially correct since it is the management that has terminated your services. You have agreed to serve one month's notice. Salary deduction can only take place if you have taken leave without pay or have been absent without proper reason.
I suggest you send an application along with a copy of your appointment letter, quoting the provisions in your application. Seek an interview with the Head of the organization and explain your stand. They should be able to justify the deductions; failing which, you can raise the issue to a higher level.
From India, Mumbai
I suggest you send an application along with a copy of your appointment letter, quoting the provisions in your application. Seek an interview with the Head of the organization and explain your stand. They should be able to justify the deductions; failing which, you can raise the issue to a higher level.
From India, Mumbai
Hey guys,
Thank you so much for such an overwhelming response. I will now contact my administration department with a copy of my appointment letter and ask them about it. I will let you guys know the end result.
Regards,
Meetu
From India, Bangalore
Thank you so much for such an overwhelming response. I will now contact my administration department with a copy of my appointment letter and ask them about it. I will let you guys know the end result.
Regards,
Meetu
From India, Bangalore
Small family-run companies often indulge in unethical means to harass ex-employees; this fact should be well known by all. These types of companies acquire the title of "company" because of the helpful laws that encourage corporatization. In practice, these companies would put to shame even a baniya's shop. It is a case of harassment.
Since you have submitted your resignation with a notice period of one month, indicating your desire to continue until that date. Now, if the management, for their convenience or otherwise, wants to relieve you before that date, then it's fine; PROVIDED the management is willing to pay you your salary till the end of the notice period as indicated in your resignation letter. If this condition is not met, it would imply a breach of contract on the part of the management for which you are entitled to legal remedy.
Regards.
From India, Delhi
Since you have submitted your resignation with a notice period of one month, indicating your desire to continue until that date. Now, if the management, for their convenience or otherwise, wants to relieve you before that date, then it's fine; PROVIDED the management is willing to pay you your salary till the end of the notice period as indicated in your resignation letter. If this condition is not met, it would imply a breach of contract on the part of the management for which you are entitled to legal remedy.
Regards.
From India, Delhi
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