As per the contract I have to serve 2 months notice period if i wish to leave the company. If I don't serve full notice period then I have to pay 2 months salary to the employer.
My Question here is, what amount I have to pay to the employer for shortfall in notice period? is it monthly basic salary or gross salary(monthly salary with other entitlements)?
Is there any LAW for such situation?
because now days companies have defined their own laws, rules & regulations. They can relieve you in 2 days or they can threaten you to serve full notice period.
Govt should fix & hardcore the policies for both company & employee.
if it is one month notice so no employee could leave the company & company could not ask working professional to join on immediate basis.
God please help us.
From United Kingdom, London
My Question here is, what amount I have to pay to the employer for shortfall in notice period? is it monthly basic salary or gross salary(monthly salary with other entitlements)?
Is there any LAW for such situation?
because now days companies have defined their own laws, rules & regulations. They can relieve you in 2 days or they can threaten you to serve full notice period.
Govt should fix & hardcore the policies for both company & employee.
if it is one month notice so no employee could leave the company & company could not ask working professional to join on immediate basis.
God please help us.
From United Kingdom, London
When it is a pvt ltd Co, the co defines the rules & regulations. Normal notice period in most of the companies is 1-3 months (depending on industry and designation too some places)
A person who's resigning can adjust his unavailed leaves against notice period (most companies allow this, ask your HR for same, usually no one is very picky about it and allows it unless you've to handover something imp which can't be done in the time stipulated by you)
As in your case - 60 days is notice period. If say you can serve only 45 days, you can adjust remaining 15days with your leave or you let go of your salary... The salary would be salary drawn (with all compensation)
From India, Mumbai
737A person who's resigning can adjust his unavailed leaves against notice period (most companies allow this, ask your HR for same, usually no one is very picky about it and allows it unless you've to handover something imp which can't be done in the time stipulated by you)
As in your case - 60 days is notice period. If say you can serve only 45 days, you can adjust remaining 15days with your leave or you let go of your salary... The salary would be salary drawn (with all compensation)
From India, Mumbai
Yes, I too feel there should be some restriction to the employers. One of my friend got an excellent offer from a reputed conern, when he approaced his present manager with his resignation letter his manager asked him to compulsory serve the notice period of 2 months or elese he was asked to pay the gross salary for the 2 months. My friend somehow managed to collect and gave the managent the 2 month gross salary which they asked but the didn't accepted and asked him to serve 2 month compulsory so that his offer may get expired and he doesn't have any other option rather than to work in the same concern... what a filthy human beings are these people....
My friend expalined a lot but they were not ready to hear anyting from his side.. He served 2 month notice period and now is searching for Job.....
There should be some law to sue these people...
From United Kingdom, London
My friend expalined a lot but they were not ready to hear anyting from his side.. He served 2 month notice period and now is searching for Job.....
There should be some law to sue these people...
From United Kingdom, London
Karumahe,
Firstly, we are no one to judge anyone here.
Secondly, how can you blame someone personally? You think HRs have something personal against the person that s/he wants to ruin the career?
Pls understand the matte of fact that though HR is the one to takes an initiative to make HR policies, it is the top management that has to accept or reject it.
HR is not the supreme authority, HR too is answerable to someone. So when the top person is asking HR to do some task, whether or not s/he likes it, they have to do it... They are bound by their employment to carry out the orders of their seniors.
Another thing, HR him/her self is merely an employee just like you, bounded under the same employment as is offered to you, and s/he also has to follow the same process and procedure as is expected from you, so how is HR the "Culprit".
Neither can you say "top mgmt" is a culprit coz every individual have experiences which directs their decision accordingly. Perhaps, you'd be in a better position to understand top mgmt's / director's / ceo's plight when you yourself wuld own your business and would have people working under you...
Try to walk a mile in a person's shoes before you critique their style of walking... Is all that I would say at the end...
.................................................. ..........................
And about rules and regulations - though pvt co have their own rules, pls note that they are at par with other organization in the same industry.
You can surely challenge the policies of a company if they're legally wrong, try to find a legal error in one and there wouldn't be any to your notice.
Whatever policies are crafted, HR first studies the laws and implications that govt imposes, for minimum things to be implemented, so rest assure that whatever you're getting would not be below the minimum stds prescribed by the govt...
.................................................. .........................................
Sorry if i've been rude anywer in my post, didn't intend to, but i guess it was necessary for all to know how an HR works. The hate policy against HR should be discontinued...
From India, Mumbai
Firstly, we are no one to judge anyone here.
Secondly, how can you blame someone personally? You think HRs have something personal against the person that s/he wants to ruin the career?
Pls understand the matte of fact that though HR is the one to takes an initiative to make HR policies, it is the top management that has to accept or reject it.
HR is not the supreme authority, HR too is answerable to someone. So when the top person is asking HR to do some task, whether or not s/he likes it, they have to do it... They are bound by their employment to carry out the orders of their seniors.
Another thing, HR him/her self is merely an employee just like you, bounded under the same employment as is offered to you, and s/he also has to follow the same process and procedure as is expected from you, so how is HR the "Culprit".
Neither can you say "top mgmt" is a culprit coz every individual have experiences which directs their decision accordingly. Perhaps, you'd be in a better position to understand top mgmt's / director's / ceo's plight when you yourself wuld own your business and would have people working under you...
Try to walk a mile in a person's shoes before you critique their style of walking... Is all that I would say at the end...
.................................................. ..........................
And about rules and regulations - though pvt co have their own rules, pls note that they are at par with other organization in the same industry.
You can surely challenge the policies of a company if they're legally wrong, try to find a legal error in one and there wouldn't be any to your notice.
Whatever policies are crafted, HR first studies the laws and implications that govt imposes, for minimum things to be implemented, so rest assure that whatever you're getting would not be below the minimum stds prescribed by the govt...
.................................................. .........................................
Sorry if i've been rude anywer in my post, didn't intend to, but i guess it was necessary for all to know how an HR works. The hate policy against HR should be discontinued...
From India, Mumbai
Hi Ankita,
Thanks for your reply and I respect your post here,
But I am just concerned in one thing for even a courtesy reason you haven't mentioned anything about my friend who is now jobless
------------------------------------------------------------
All that you want to prove is HR is right and the employees are the person who have to suffer whatever the scenario may be!!!!!!! when management ask you to show the employee a white crow you will do whatever possible to change that crow into white and will show a white crow before the employee and you expect the employees to accept and surrender to your policies or laws without any condition isn't it?
-----------------------------------------------------------
When my friend was asked to give 2 month gross salary and when he approached the management with the 2 month salary why management asked him again to serve 2 month notice period again? Then what is the use policy here..................
------------------------------------------------------------
I have seen many managers who relive themselves from the company smoothly within 1 month where else the policy states they have to serve atleast 2 month notice period. How does this happens? Does your policy favors only for the top managements and ground level employees should always be slave for your concern and policies forever?
-----------------------------------------------------------
As you are an HR definitely you might have asked the job-seekers to join within 15, 30 and 45 days in your concern, whereas your company policies might ask your present employees to serve a notice period for 3 months (I believe in most of the MNC now the notice period have been changed to 3 months). Personally I have missed lot of good offers since they always demand me to join within 15 or 30 days. This policy have now made employees to first resign his present job by serving 3 months and then only he can search for a good job but he won't get a good hike or salary.. because the probability of getting a good job with good salary will be very less now...
--------------------------------------------------------------------------------------
When even for a government sector only 1 month notice period is enough why in private sector you have increased the notice period for 2,3 for even the ground level employees and in future it might increase I think (Even for ground level employees it's mandatory to serve 3 months notice period now)
----------------------------------------------------------------------------
As you already mentioned that HR is also an employee I would also request you to stand in the employee shoe before taking any decision..........
----------------------------------------------------------------------------------
Sorry If I have been rude somewhere in my post... I don't think I have used any aggressive words above... Please correct me if I am wrong.........
From United Kingdom, London
Thanks for your reply and I respect your post here,
But I am just concerned in one thing for even a courtesy reason you haven't mentioned anything about my friend who is now jobless
------------------------------------------------------------
All that you want to prove is HR is right and the employees are the person who have to suffer whatever the scenario may be!!!!!!! when management ask you to show the employee a white crow you will do whatever possible to change that crow into white and will show a white crow before the employee and you expect the employees to accept and surrender to your policies or laws without any condition isn't it?
-----------------------------------------------------------
When my friend was asked to give 2 month gross salary and when he approached the management with the 2 month salary why management asked him again to serve 2 month notice period again? Then what is the use policy here..................
------------------------------------------------------------
I have seen many managers who relive themselves from the company smoothly within 1 month where else the policy states they have to serve atleast 2 month notice period. How does this happens? Does your policy favors only for the top managements and ground level employees should always be slave for your concern and policies forever?
-----------------------------------------------------------
As you are an HR definitely you might have asked the job-seekers to join within 15, 30 and 45 days in your concern, whereas your company policies might ask your present employees to serve a notice period for 3 months (I believe in most of the MNC now the notice period have been changed to 3 months). Personally I have missed lot of good offers since they always demand me to join within 15 or 30 days. This policy have now made employees to first resign his present job by serving 3 months and then only he can search for a good job but he won't get a good hike or salary.. because the probability of getting a good job with good salary will be very less now...
--------------------------------------------------------------------------------------
When even for a government sector only 1 month notice period is enough why in private sector you have increased the notice period for 2,3 for even the ground level employees and in future it might increase I think (Even for ground level employees it's mandatory to serve 3 months notice period now)
----------------------------------------------------------------------------
As you already mentioned that HR is also an employee I would also request you to stand in the employee shoe before taking any decision..........
----------------------------------------------------------------------------------
Sorry If I have been rude somewhere in my post... I don't think I have used any aggressive words above... Please correct me if I am wrong.........
From United Kingdom, London
No please, I am not offended but i offer to answer all your queries here....
Pls understand that the reply for the answer remains same as i stated in post no 3.
Let me explain and ellaborate.
If the notice period states - 2 month's notice period or salary in lieu of it, the employee can be relieved in those 2 months or if he dont wish to serve 2 month's notice period, he should pay salary against it and get it done.
However sometimes it so happens that you have certain imp responsibility/task in the given on-going project. In such case, you leaving organization may leave the project clueless, you are expected to serve 2month's notice so that you can do proper handover.
The only meaning of my such comments was, even if the HR understands that you have great opportunity, it is not always in the hands of HR to give you relieving letter. An HR can't relieve you unless your supervisor, your head of dept, your project lead give a green signal. Pls understand that. It is just that on the face value of it, HR would come to you and say a big NO that you hate HR, while the NO was directed from somewhere else.
I am not here to prove anyone right or wrong as i already said before. I am just saying how things work actually. I just wish to ask why would an HR stop you from leaving an organization when he/she has no idea what you perform in your team? How imp are you in your team or what is the progress of the project on which you're working. All these details are with your supervisor and when one files the paper, HR needs to get approval from all your supervisor. Unless they relieve you from your duties, HR can't hand you the relieving letter. HR is not just a top-bottom communication link. It is also bottom-top communication link. I have seen that in bigger organization, I myself practice it and so say that. There may be a few people who might be dng "Haa ji sir ji" but just for a very less % of such people, we can't say all HR are bad.
I can just state you this - My appointment letter says 1 month's notice from both ends. However today if I wish to resign, I'll have to serve more than that as I'm the only HR and need to find suitable candidate, ensure proper handover and things like that. It sometimes goes unsaid, when you're having imp role to play.
There are certain people who you want to get rid of and a company would not try to retain them. If a company tries to retain you, understand you're imp for them. That's it. Infact a company trying to retain you is one of the best compliment you could get for your work. No one would like to retain someone who's not performing or who's performing below standards.
Just because someone is at top, don't mean they're high performers.
Also, as I said, HR is influenced by seniors, and they've to do what seniors say. Again we never know what kind of role such people are playing in their team, so wouldn't comment by taking a side, I would rather be neutral on this one, just coz I've not had this experience to comment/advice.
Hope you understand.
Again I would suggest this, if you have good rapport with your superiors, you can always tell them you need growth. You want to spread your wings further. Give this every few days, and wait back to see their reply.
Either they'll start taking you seriously and discuss what growth you need - salary/roles/etc and you can negotitate or you can be saying you would like to work for some brand.
That way you're indicating your senior you may leave if you got a chance. Do this after you know you would be called for interview to atleast 4-5 places and it would click at atleast 1 place.
Try to convince your superiors and work extra if needed to do proper handover and relieve from work.
That's the only advice I give and that's the only way I'm planning to do when I look for change.
If you would analyze, there is still the craze of getting a govt job, mostly coz its a fixed hours job, you get pension after retirement, you get all other facilities and benefits. With pvt sector, there's more competition. The top competitors in most industries if you note are from pvt sector. Why was that possible? Coz of the people who work for them, right? How can someone just let go off someone who's so responsible and contributing to their success? Why not take things in positive spirit? If you think negatively, you'd be frustrated, agitated and it would affect you... If you consider thngs positively, you'd be at calm and can strategize better. Don't you think so?
Ofcorse, we do :-) The thing is when HR communicates to the most contributing people - operations top management knows what we talk (mostly coz its their message we're passing, and also coz its a part of our duty and we're gng to abide by it)
When we communicate to the top mgmt, operations ppl do not knw, coz they feel its a one-way communication. In my current organization, I have been taking employee's view point indirectly and communicating it to our CEO. My colleagues don't know about it, does it mean I am blinded and not understanding their view point? You never know what was discussed in the cabin, you'd only know what was decided upon. HR are to maintain things at confidential level.
Just want to ask you - How would you feel when someone curses you for something that you've not meant, you've not said neither have you thought of... You just passed the message but you're the one who is into the hate file.... Don't hate HR, instead go to them and share concern and trust them for taking it forward some time...
................................................
Again as I had said I'm not here to say who's right or who's wrong...
I just wanted to give you a complete scenario of work...
Hope I wasn't rude... Apology if it hurt...
From India, Mumbai
Pls understand that the reply for the answer remains same as i stated in post no 3.
Let me explain and ellaborate.
If the notice period states - 2 month's notice period or salary in lieu of it, the employee can be relieved in those 2 months or if he dont wish to serve 2 month's notice period, he should pay salary against it and get it done.
However sometimes it so happens that you have certain imp responsibility/task in the given on-going project. In such case, you leaving organization may leave the project clueless, you are expected to serve 2month's notice so that you can do proper handover.
The only meaning of my such comments was, even if the HR understands that you have great opportunity, it is not always in the hands of HR to give you relieving letter. An HR can't relieve you unless your supervisor, your head of dept, your project lead give a green signal. Pls understand that. It is just that on the face value of it, HR would come to you and say a big NO that you hate HR, while the NO was directed from somewhere else.
I am not here to prove anyone right or wrong as i already said before. I am just saying how things work actually. I just wish to ask why would an HR stop you from leaving an organization when he/she has no idea what you perform in your team? How imp are you in your team or what is the progress of the project on which you're working. All these details are with your supervisor and when one files the paper, HR needs to get approval from all your supervisor. Unless they relieve you from your duties, HR can't hand you the relieving letter. HR is not just a top-bottom communication link. It is also bottom-top communication link. I have seen that in bigger organization, I myself practice it and so say that. There may be a few people who might be dng "Haa ji sir ji" but just for a very less % of such people, we can't say all HR are bad.
I can just state you this - My appointment letter says 1 month's notice from both ends. However today if I wish to resign, I'll have to serve more than that as I'm the only HR and need to find suitable candidate, ensure proper handover and things like that. It sometimes goes unsaid, when you're having imp role to play.
There are certain people who you want to get rid of and a company would not try to retain them. If a company tries to retain you, understand you're imp for them. That's it. Infact a company trying to retain you is one of the best compliment you could get for your work. No one would like to retain someone who's not performing or who's performing below standards.
Just because someone is at top, don't mean they're high performers.
Also, as I said, HR is influenced by seniors, and they've to do what seniors say. Again we never know what kind of role such people are playing in their team, so wouldn't comment by taking a side, I would rather be neutral on this one, just coz I've not had this experience to comment/advice.
Hope you understand.
Again I would suggest this, if you have good rapport with your superiors, you can always tell them you need growth. You want to spread your wings further. Give this every few days, and wait back to see their reply.
Either they'll start taking you seriously and discuss what growth you need - salary/roles/etc and you can negotitate or you can be saying you would like to work for some brand.
That way you're indicating your senior you may leave if you got a chance. Do this after you know you would be called for interview to atleast 4-5 places and it would click at atleast 1 place.
Try to convince your superiors and work extra if needed to do proper handover and relieve from work.
That's the only advice I give and that's the only way I'm planning to do when I look for change.
If you would analyze, there is still the craze of getting a govt job, mostly coz its a fixed hours job, you get pension after retirement, you get all other facilities and benefits. With pvt sector, there's more competition. The top competitors in most industries if you note are from pvt sector. Why was that possible? Coz of the people who work for them, right? How can someone just let go off someone who's so responsible and contributing to their success? Why not take things in positive spirit? If you think negatively, you'd be frustrated, agitated and it would affect you... If you consider thngs positively, you'd be at calm and can strategize better. Don't you think so?
Ofcorse, we do :-) The thing is when HR communicates to the most contributing people - operations top management knows what we talk (mostly coz its their message we're passing, and also coz its a part of our duty and we're gng to abide by it)
When we communicate to the top mgmt, operations ppl do not knw, coz they feel its a one-way communication. In my current organization, I have been taking employee's view point indirectly and communicating it to our CEO. My colleagues don't know about it, does it mean I am blinded and not understanding their view point? You never know what was discussed in the cabin, you'd only know what was decided upon. HR are to maintain things at confidential level.
Just want to ask you - How would you feel when someone curses you for something that you've not meant, you've not said neither have you thought of... You just passed the message but you're the one who is into the hate file.... Don't hate HR, instead go to them and share concern and trust them for taking it forward some time...
................................................
Again as I had said I'm not here to say who's right or who's wrong...
I just wanted to give you a complete scenario of work...
Hope I wasn't rude... Apology if it hurt...
From India, Mumbai
My Question here is, what
amount I have to pay to
the employer for shortfall
in notice period? is it
monthly basic salary or
gross salary(monthly salary
with other entitlements)?
Ashish Bhai. . Shops and Establishment me likha hai ki employee is required to serve at least a month's notice period or salary in lieu of it. As far as my knowledge is concerned, no law is there defining notice amount calculation based on basic salary/gross salary. So at this stage, company can deduct the amount either on basis of basic or gross salary. Seniors kripya tippani kare agar kuch galat h to :-)
From India, Delhi
amount I have to pay to
the employer for shortfall
in notice period? is it
monthly basic salary or
gross salary(monthly salary
with other entitlements)?
Ashish Bhai. . Shops and Establishment me likha hai ki employee is required to serve at least a month's notice period or salary in lieu of it. As far as my knowledge is concerned, no law is there defining notice amount calculation based on basic salary/gross salary. So at this stage, company can deduct the amount either on basis of basic or gross salary. Seniors kripya tippani kare agar kuch galat h to :-)
From India, Delhi
Dear Himanshu & all,
Ankita is correct whatever concerns she has raised regarding HRprofessionals, as most of employees miss understand us being Hitler n everything is in our own hand.
Anywz, as far as ur notice period is concerned, as per the S&E Act, its one month's notice period n calculation to deduct salary in lieu of it is generally Basic. But, mind here, pls read ur Appointment letter carefully first, that's where, most of us get canfuse n without knowing proper terms n conditions, we try to prove ourselves. Also, if u hv good rapport with ur immediate boss, its not a big deal as such, as someone has righltly said in this thread, that if there are very Imp task or project then only ur employer will urge u to complete ur notice period. Then u should tk responsibilty of ur current job n leave on good note, also if they are trying to retain u in any which ways, it means u r asset for them. In short, take all factors in ur thought n then act Smartly.
From Japan
Ankita is correct whatever concerns she has raised regarding HRprofessionals, as most of employees miss understand us being Hitler n everything is in our own hand.
Anywz, as far as ur notice period is concerned, as per the S&E Act, its one month's notice period n calculation to deduct salary in lieu of it is generally Basic. But, mind here, pls read ur Appointment letter carefully first, that's where, most of us get canfuse n without knowing proper terms n conditions, we try to prove ourselves. Also, if u hv good rapport with ur immediate boss, its not a big deal as such, as someone has righltly said in this thread, that if there are very Imp task or project then only ur employer will urge u to complete ur notice period. Then u should tk responsibilty of ur current job n leave on good note, also if they are trying to retain u in any which ways, it means u r asset for them. In short, take all factors in ur thought n then act Smartly.
From Japan
If you're not able to serve the notice period, as far as my knowledge goes, you pay same amount that the employer pays you every month.... which is your monthly gross salary...
Seniors pls validate.
From India, Mumbai
Seniors pls validate.
From India, Mumbai
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