Hi,
I have resigned from the job on 30/08/2012 because i got job in good company. But i resigned by giving the reason of health issue.
Now my new company is asking me to join from 10/09/2012, so i am unable to serve my notice period of one month.
my current company have mentioned in appointment letter is \"During the period of probation or on confirmation of your services therof,your appointment shall continue unless and untill terminated on the expiry of not less than 1 month notice in writing given by either party or one month basic salary in case the above mentioned notice period is not fulfilled.In case you decide to leave the service, the company may at sole discretion, relieve you of your duties anytime during the notice period, and in that event you will be paid up to the last day only.\"
I am ready to pay my one month basic pay.
Now suggest me what i can do in this situation, whether they will relieve me by giving all the letters and pending salary.
waiting f
From India, Chennai
I have resigned from the job on 30/08/2012 because i got job in good company. But i resigned by giving the reason of health issue.
Now my new company is asking me to join from 10/09/2012, so i am unable to serve my notice period of one month.
my current company have mentioned in appointment letter is \"During the period of probation or on confirmation of your services therof,your appointment shall continue unless and untill terminated on the expiry of not less than 1 month notice in writing given by either party or one month basic salary in case the above mentioned notice period is not fulfilled.In case you decide to leave the service, the company may at sole discretion, relieve you of your duties anytime during the notice period, and in that event you will be paid up to the last day only.\"
I am ready to pay my one month basic pay.
Now suggest me what i can do in this situation, whether they will relieve me by giving all the letters and pending salary.
waiting f
From India, Chennai
Dear nishi_deepak,
I totally agree with Mr Anil Yadav.
Your problem isn't about the legality or fairness of the separation process and provisions related thereto.
Your's is about anxiety in relation to the process of separation. And, you are prepared to pay your employer 1 month's salary in lieu of serving the notice period. This shows that you are a thinking person who is fair.
I don't see any problems if you write your decision to your employer.
But, remember not to include too much in the letter and email (Yes, you should send both - and they should both have exactly the same text). Remember, the more you tell someone the more you may have to explain at some stage.
So, only include the relevant details. These will be:
a) Your decision to resign for personal reasons (health reasons are a personal issue)
b) Your inability to serve the mutually agreed notice period (due to reason (a) above)
c) Your readiness to compensate the employer with 1 month basic pay in lieu of serving the notice period
d) Clearly indicate the date of submission of resignation
e) Also indicate the date of separation (30 calendar days from date of resignation)
f) Clearly mention any requests you have from your employer prior to formal separation. These can include full & final settlement; letter of experience; recommendations from your boss/s etc
g) Make sure you thank your employer for a wonderful time while you were working with them
h) Wish them all the best for their future.
I hope this helped you.
All the Best for your next life chapter!
From India, Gurgaon
95I totally agree with Mr Anil Yadav.
Your problem isn't about the legality or fairness of the separation process and provisions related thereto.
Your's is about anxiety in relation to the process of separation. And, you are prepared to pay your employer 1 month's salary in lieu of serving the notice period. This shows that you are a thinking person who is fair.
I don't see any problems if you write your decision to your employer.
But, remember not to include too much in the letter and email (Yes, you should send both - and they should both have exactly the same text). Remember, the more you tell someone the more you may have to explain at some stage.
So, only include the relevant details. These will be:
a) Your decision to resign for personal reasons (health reasons are a personal issue)
b) Your inability to serve the mutually agreed notice period (due to reason (a) above)
c) Your readiness to compensate the employer with 1 month basic pay in lieu of serving the notice period
d) Clearly indicate the date of submission of resignation
e) Also indicate the date of separation (30 calendar days from date of resignation)
f) Clearly mention any requests you have from your employer prior to formal separation. These can include full & final settlement; letter of experience; recommendations from your boss/s etc
g) Make sure you thank your employer for a wonderful time while you were working with them
h) Wish them all the best for their future.
I hope this helped you.
All the Best for your next life chapter!
From India, Gurgaon
Hi,
Thanks a lot to Anil and Gaurav, as per your reply i have spoken with my MD and HR. Verbally they have agreed to relieve today but they are telling that they will give all documents today but the full and final settlement after 30 days only.
Should i agree for this or not. As per my experience i have seen that he usually delay all these things. HE is very much money minded.
Please reply for this.
Thanks Nishi
From India, Chennai
Thanks a lot to Anil and Gaurav, as per your reply i have spoken with my MD and HR. Verbally they have agreed to relieve today but they are telling that they will give all documents today but the full and final settlement after 30 days only.
Should i agree for this or not. As per my experience i have seen that he usually delay all these things. HE is very much money minded.
Please reply for this.
Thanks Nishi
From India, Chennai
Dear Nishi,
The world is made up of wonderful people whose needs and priorities are fluid and change continuously - daily at times!
Whilst its nice that you've spoken to your MD verbally - you need their Commitment in WRITING!
Make sure you send them an email summarising your conversation with them and their commitment made to you. Even if they don't respond, at least you have a contemporaneous written note of the convsersation which can be of evidentiary value in Court should the need arise to arbitrate or litigate.
Remember - while its fine to talk to people one-on-one, certain type of conversations MUST be recorded in WRITING - whether during the conversation or Immediately After. From a legal perspective, Immediately After can be anywhere from a few minutes up to perhaps 2 or 3 days. Any longer than that, the evidentiary value of the document and its veracity declines exponentially - unless there are exigent circumstances.
I hope this helps you. Good Luck!
From India, Gurgaon
The world is made up of wonderful people whose needs and priorities are fluid and change continuously - daily at times!
Whilst its nice that you've spoken to your MD verbally - you need their Commitment in WRITING!
Make sure you send them an email summarising your conversation with them and their commitment made to you. Even if they don't respond, at least you have a contemporaneous written note of the convsersation which can be of evidentiary value in Court should the need arise to arbitrate or litigate.
Remember - while its fine to talk to people one-on-one, certain type of conversations MUST be recorded in WRITING - whether during the conversation or Immediately After. From a legal perspective, Immediately After can be anywhere from a few minutes up to perhaps 2 or 3 days. Any longer than that, the evidentiary value of the document and its veracity declines exponentially - unless there are exigent circumstances.
I hope this helps you. Good Luck!
From India, Gurgaon
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.
Five Ways To..Serve Your Notice Period Responsibly.pdf
Notice period.jpg
Notice Period Extension Letter Format.doc