hi friends I need your suggestion
I joined as a software engineer in a company on 1st March 2014 after completion of training they have given offer letter and mentioned notice period of 6 months
I put down my papers on 5th September 2014 now i served 4 months notice and i want my releiving but company people are not willing to do that is there any way?
and is there any limitation on duration of notice period legally?
From India, Bangalore
I joined as a software engineer in a company on 1st March 2014 after completion of training they have given offer letter and mentioned notice period of 6 months
I put down my papers on 5th September 2014 now i served 4 months notice and i want my releiving but company people are not willing to do that is there any way?
and is there any limitation on duration of notice period legally?
From India, Bangalore
Hi Vivek,
I'm surprised to learn that companies have 6 months' notice! Did you accept the offer in writing (sign the Offer Letter)? If so, the company has rights to hold you back for 6 months. Try and see if the company is ready accept pay in lieu of notice (you'll have to pay them 4 months' salary as penalty). This is usually the Basic Pay and not the CTC, so it wouldn't pinch you much, provided the company gives you that option.
From United States, Chicago
1I'm surprised to learn that companies have 6 months' notice! Did you accept the offer in writing (sign the Offer Letter)? If so, the company has rights to hold you back for 6 months. Try and see if the company is ready accept pay in lieu of notice (you'll have to pay them 4 months' salary as penalty). This is usually the Basic Pay and not the CTC, so it wouldn't pinch you much, provided the company gives you that option.
From United States, Chicago
Sorry, you’ll have to pay them only the remaining 2 months' salary in lieu of notice. The previous one was a typo.
From United States, Chicago
From United States, Chicago
A software Engineer by all means should be covered by the definition of 'Workman' as in ID Act/'Employee' as in Shops and Commercial establishments Act!
You may avoid seeking a confirmation on it from personnel in Line Management /HR of your company and approach an able Labor Law Consultant/Service Matters Lawyer........................only. Your counsel may ask you a set of structured questions and may opine that you shall be covered.
Software companies are covered by (name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employee's working in establishments covered by this Act............
Notice Period/pay is part of service conditions and is very well stated in this Act and is as per length of service and is max. upto 30 days.........................No Inspector appointed under this Act/Labor Inspector/Labor Authority can and shall accept notice period and rate of notice pay beyond the provisions of this Act.
Standing Orders are also applicable. If standing Orders are not certified Model Standing Orders shall apply.
Some states like Kerala has issued notification covering all commercial establishments (including software companies) by standing orders, states like Maharashtra has laid down vide provisions of Bombay Shops and Commercial Establishments Act that any establishment having 50 or more employees shall be covered by standing Orders....................
As Model Standing Orders:Sec13,16: NoticePeriod during probation period is NIL and after confirmation is max.30 days.............and service certificate has to be issued to all employees on last day in office.................................and employer personally is held responsible for faithfull observance of standing orders.....
No Inspector appointed under this Act/Labor Inspector/Labor Authority can and shall accept notice period and rate of notice pay beyond the provisions of the standing orders (Certified/Model) and (name of the state) Shops and Commercial Establishments Act.........................as these being Instrument of Law/statue/Act shall prevail upon any private policy/rule that employer has drafted and crafted for employees.................e.g. offer letter/appointment letter/service agreement/contract of employment/HR policy/Service Rules and regulations/FnF policy etc............
Hence any clause /service condition that is violation of these enactments shall not survive.....
Thus the offer letter issued to you laying notice period of 6 months may not be even worth the piece of paper on which it is written.................................
Assuming that you are under some compulsions/being coerced or forced or pressurized or exploited or you are fearsome to the extent that you will do anything:::::::::::then you may point out whether the employer has stated that ::::
---termination notice by it shall also be (equitable) i.e. 6 months: If NO the employment contract can easily be termed arbitrary...
---employee and employer both can tender notice pay in lieu of notice period? or employer can tender notice pay in lieu of notice period? or Employer can tender notice pay in lieu of notice period? Or employee can not tender notice pay in lieu of notice period?
First thing first::: You should firm up preferably in writing with next employer that your notice period in current employment is....................6 months and joining time required is 6 months (and thus don't benefit the employer at your cost)..................and your current employer is unwilling to accept notice pay in lieu of notice period and issue acceptance of resignation, service certificate,relieving letter and you should be absorbed on the strength of copy of resignation only and company should buy your notice period unconditionally and pay it on 1st day of joining.......
You should also write to appointing authority in current employment that NO TASKS ARE PENDING at your end and routine duties be assigned to you that canbe completed on daily basis within and upto expiry of notice period tendered by you i.e. dated and to whom you should handover the charge......
It shall certainly be useful if your communications are now drafted by your lawyer.
From India, Chandigarh
You may avoid seeking a confirmation on it from personnel in Line Management /HR of your company and approach an able Labor Law Consultant/Service Matters Lawyer........................only. Your counsel may ask you a set of structured questions and may opine that you shall be covered.
Software companies are covered by (name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employee's working in establishments covered by this Act............
Notice Period/pay is part of service conditions and is very well stated in this Act and is as per length of service and is max. upto 30 days.........................No Inspector appointed under this Act/Labor Inspector/Labor Authority can and shall accept notice period and rate of notice pay beyond the provisions of this Act.
Standing Orders are also applicable. If standing Orders are not certified Model Standing Orders shall apply.
Some states like Kerala has issued notification covering all commercial establishments (including software companies) by standing orders, states like Maharashtra has laid down vide provisions of Bombay Shops and Commercial Establishments Act that any establishment having 50 or more employees shall be covered by standing Orders....................
As Model Standing Orders:Sec13,16: NoticePeriod during probation period is NIL and after confirmation is max.30 days.............and service certificate has to be issued to all employees on last day in office.................................and employer personally is held responsible for faithfull observance of standing orders.....
No Inspector appointed under this Act/Labor Inspector/Labor Authority can and shall accept notice period and rate of notice pay beyond the provisions of the standing orders (Certified/Model) and (name of the state) Shops and Commercial Establishments Act.........................as these being Instrument of Law/statue/Act shall prevail upon any private policy/rule that employer has drafted and crafted for employees.................e.g. offer letter/appointment letter/service agreement/contract of employment/HR policy/Service Rules and regulations/FnF policy etc............
Hence any clause /service condition that is violation of these enactments shall not survive.....
Thus the offer letter issued to you laying notice period of 6 months may not be even worth the piece of paper on which it is written.................................
Assuming that you are under some compulsions/being coerced or forced or pressurized or exploited or you are fearsome to the extent that you will do anything:::::::::::then you may point out whether the employer has stated that ::::
---termination notice by it shall also be (equitable) i.e. 6 months: If NO the employment contract can easily be termed arbitrary...
---employee and employer both can tender notice pay in lieu of notice period? or employer can tender notice pay in lieu of notice period? or Employer can tender notice pay in lieu of notice period? Or employee can not tender notice pay in lieu of notice period?
First thing first::: You should firm up preferably in writing with next employer that your notice period in current employment is....................6 months and joining time required is 6 months (and thus don't benefit the employer at your cost)..................and your current employer is unwilling to accept notice pay in lieu of notice period and issue acceptance of resignation, service certificate,relieving letter and you should be absorbed on the strength of copy of resignation only and company should buy your notice period unconditionally and pay it on 1st day of joining.......
You should also write to appointing authority in current employment that NO TASKS ARE PENDING at your end and routine duties be assigned to you that canbe completed on daily basis within and upto expiry of notice period tendered by you i.e. dated and to whom you should handover the charge......
It shall certainly be useful if your communications are now drafted by your lawyer.
From India, Chandigarh
As per decision of the Madras HC in Hari Raj H v Shah Wallace Ltd, decided on 13.1.99, notice period cannot be more than what is prescribed under the Shops and Establishment Act despite agreement being contrary to it.Under the Act it is generally 30 days. Further it is the duty of Inspector under the Act to ensure that employee gets relieving and dues. Make a complaint to him and ask for information as to what steps he has taken to ensure compliance of it and further ask for copy of relieving letter because he is a public authority under the Act and these information are within his purview. If an employer violates the provisioned he is required to take appropriate action. And if does not do anything then even further remedies are there.
From India, New Delhi
From India, New Delhi
Hi Vivek,
Notice Period of 6 months is not as per Shops and Commercial Establishment Act, you can serve a 30 day notice period as per the statutory norms, please do get the relieving letter stating last working day and submit the No-Dues form to the HR Department. Relieving letter is enough to get another employment.
Regards,
Deepak Vasudevan
From India, Ernakulam
Notice Period of 6 months is not as per Shops and Commercial Establishment Act, you can serve a 30 day notice period as per the statutory norms, please do get the relieving letter stating last working day and submit the No-Dues form to the HR Department. Relieving letter is enough to get another employment.
Regards,
Deepak Vasudevan
From India, Ernakulam
Since Mr. Vivek has already given notice, there is no need to give notice again and since employer is not responding on that, the legal recourse is only available as suggested earlier.
From India, New Delhi
From India, New Delhi
Dear Vivek,
Sorry for late reply.
Experts have given their expert opinion on your query. Also be clear to your new employer about this incident to avoid of being counted in red case.
Apart from this I have observed few points:
(1) As informed that you have "joined" as software engineer in a company and after completion of training they have given you "Offer Letter" - It looks something strange. The mistakes was from both the ends from the employer and employee:
(a) You have joined in the organization without having a look on offer letter?
(b) I believe, employer send their employees after completion of all the joining formalities etc. In this case, it was skipped by employer.
(2) You might be on probation period. Have you received any separate confirmation letter from your employer.
I am also of the opinion that you need not to serve more that 30 days. Just go and discuss the same with the HR, I am sure they will agree.
Secondly, I would appreciate if you can send a reply on my queries.
Regards,
Anurag
From India, Indore
Sorry for late reply.
Experts have given their expert opinion on your query. Also be clear to your new employer about this incident to avoid of being counted in red case.
Apart from this I have observed few points:
(1) As informed that you have "joined" as software engineer in a company and after completion of training they have given you "Offer Letter" - It looks something strange. The mistakes was from both the ends from the employer and employee:
(a) You have joined in the organization without having a look on offer letter?
(b) I believe, employer send their employees after completion of all the joining formalities etc. In this case, it was skipped by employer.
(2) You might be on probation period. Have you received any separate confirmation letter from your employer.
I am also of the opinion that you need not to serve more that 30 days. Just go and discuss the same with the HR, I am sure they will agree.
Secondly, I would appreciate if you can send a reply on my queries.
Regards,
Anurag
From India, Indore
Hi anurag when I joined the company they didn't give any confirmation letter. even they didn't sent any mail regarding joining after 3 months they have given offer letter and designation of junior engineer. I was first trainee of my batch to get offer letter so when my manager called me and handed that offer letter i was happy and i didn't read it and accepted the offer latter i realised my mistake. they clearly mention in offer letter...
5th June 2014
Dear Vivek ..........,
after the successful completion of your training/internship we are pleased to offer you a postion in Girmiti software pvt ltd as Jr.engineer under the following terms:
1.Date of joining:
we would like you to join not later than 1st june,2014 and confirm your acceptance by returning a signed copy of this offer letter. your joining is subject to the provision of all the necessary documents.
.
.
.
.
.
9. NOTICE PERIOD:
As per the company norms, a minimum of six months of notice period, is required to be given
by the employee.This is based on the importance of the ongoing projects,client interactions,
working at client premises on deliveries and implementations.
From India, Bangalore
5th June 2014
Dear Vivek ..........,
after the successful completion of your training/internship we are pleased to offer you a postion in Girmiti software pvt ltd as Jr.engineer under the following terms:
1.Date of joining:
we would like you to join not later than 1st june,2014 and confirm your acceptance by returning a signed copy of this offer letter. your joining is subject to the provision of all the necessary documents.
.
.
.
.
.
9. NOTICE PERIOD:
As per the company norms, a minimum of six months of notice period, is required to be given
by the employee.This is based on the importance of the ongoing projects,client interactions,
working at client premises on deliveries and implementations.
From India, Bangalore
It has already been pointed out that notice period of 6 months seems to be unreasonable,unfair,void.......................and the rules have been quoted..........
The offer letter and appointment letter are two different documents................
You may once again go thru (name of the state) Shops and Commercial establishments Act and also (name of the state) Shops and Commercial establishments Rules.................and clause on issuance of appointment letter..........
It is nowhere stated that it has to be issued or can be issued after 3 months.
From India, Chandigarh
The offer letter and appointment letter are two different documents................
You may once again go thru (name of the state) Shops and Commercial establishments Act and also (name of the state) Shops and Commercial establishments Rules.................and clause on issuance of appointment letter..........
It is nowhere stated that it has to be issued or can be issued after 3 months.
From India, Chandigarh
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice period.jpg
Notice Period Extension Letter Format.doc