Dear All
I have an query regarding terms and condition of employment:
I have resigned from the company say today 7 may 2013 and according to the appointment letter I have given two month notice and asked for re leaving on 6th jul 2013. But my employer is saying that they will re-leave me before the expiry of due date of notice and they will not pay me for rest of the days. But according to appointment letter either party have to give two month notice period or gross salary in lieu.
Kindly give me legal openion
Regards
Ankush Bhardwaj
From India, Patiala
1I have an query regarding terms and condition of employment:
I have resigned from the company say today 7 may 2013 and according to the appointment letter I have given two month notice and asked for re leaving on 6th jul 2013. But my employer is saying that they will re-leave me before the expiry of due date of notice and they will not pay me for rest of the days. But according to appointment letter either party have to give two month notice period or gross salary in lieu.
Kindly give me legal openion
Regards
Ankush Bhardwaj
From India, Patiala
The separation works this way -
If you are resigning,
a) You either serve the notice period or buy your notice period by paying your salary for the said period.
b) If the company wants to relieve you early, they will settle your F&F till your last working day.
If they are terminating you,
a) They either give you notice period or salary in lieu of it.
b) If you wish to leave earlier, your F&F will be calculated till your last working day.
In your case,
If you are resigning on 7th may and are ready to serve the full 2 month's notice.
Now it is upto the company to accept your resignation. They have accepted it and have given you a final date when they can relieve you (which is before the completion of notice period - 6th July) is fine.
I do not think they are liable to pay you for the remaining period as they are to pay you in the notice only if they are terminating you which is not the case.
I hope I was able to clear your doubt.
From India, Mumbai
If you are resigning,
a) You either serve the notice period or buy your notice period by paying your salary for the said period.
b) If the company wants to relieve you early, they will settle your F&F till your last working day.
If they are terminating you,
a) They either give you notice period or salary in lieu of it.
b) If you wish to leave earlier, your F&F will be calculated till your last working day.
In your case,
If you are resigning on 7th may and are ready to serve the full 2 month's notice.
Now it is upto the company to accept your resignation. They have accepted it and have given you a final date when they can relieve you (which is before the completion of notice period - 6th July) is fine.
I do not think they are liable to pay you for the remaining period as they are to pay you in the notice only if they are terminating you which is not the case.
I hope I was able to clear your doubt.
From India, Mumbai
Dear Ankita
But I would like to complete my notice period of two months, now the call is coming from their end that they will releave me before the due date so how should I take this As releaving or force fully releaving.
Regards
Ankush
From India, Patiala
But I would like to complete my notice period of two months, now the call is coming from their end that they will releave me before the due date so how should I take this As releaving or force fully releaving.
Regards
Ankush
From India, Patiala
Hello Ankush,
As I said, the notice period is the period given by either parties to the other so that they can prepare themselves for the future.
As in if the company is terminating your employment,
They give you notice period (So that in that time you can search for other job)
or
Pay your salary for the said period (so that as they are relieving you early they have taken care of your needs for said period as it would have happend if you were on the job for said period)
Similarly,
When you resign, you too have two option.
To give full notice (so that the company can hire someone in your place so that the work don't stop)
or
You pay the salary in lieu of it. (in a way compensate for early leaving.)
As I said when you put the resignation,
It is a letter to the management that says that you would be resigning and as per company's terms, the last day of working would be so and so as per your notice period.
If however, you are a cost to the company, or the company think it can relieve you earlier, they have full right to do so.
They would compensate you only till your last working day.
This is because when an employee resigns, it is only when the employee has no further intentions to work with the company.
As you have already resigned and don't want to work there, for whatever the reason, you are being relieved (sooner or later how does it matter)
By the way, you never mentioned what was the reason to put down the resignation letter?
Why are you resigning?
And why are you emphasizing on completing the two month's notice period?
Oh and just to add, this is not forceful relieving. It is very much allowed. Because when you resign, the notice period is the max time that you would be going to the office and say if the notice period is 30 days, you won't go there on the 31st day, right? So the notice period is the max time. We are allowed to adjust your pending leaves against the notice period so that we can get early relief (this is also a practice in many companies.)
And as I said, if the company do not really want to keep you or they think you are non-performer or something like that, and since you have yourself resigned, they would relieve you on the 1st possible chance.
And yes, would also like to add this -
If the company terminates you and gives you a notice period of say whatever 2 months in your case
And you wish to get relieved before that, again the full and final would be calculated only upto your last working day;
From India, Mumbai
As I said, the notice period is the period given by either parties to the other so that they can prepare themselves for the future.
As in if the company is terminating your employment,
They give you notice period (So that in that time you can search for other job)
or
Pay your salary for the said period (so that as they are relieving you early they have taken care of your needs for said period as it would have happend if you were on the job for said period)
Similarly,
When you resign, you too have two option.
To give full notice (so that the company can hire someone in your place so that the work don't stop)
or
You pay the salary in lieu of it. (in a way compensate for early leaving.)
As I said when you put the resignation,
It is a letter to the management that says that you would be resigning and as per company's terms, the last day of working would be so and so as per your notice period.
If however, you are a cost to the company, or the company think it can relieve you earlier, they have full right to do so.
They would compensate you only till your last working day.
This is because when an employee resigns, it is only when the employee has no further intentions to work with the company.
As you have already resigned and don't want to work there, for whatever the reason, you are being relieved (sooner or later how does it matter)
By the way, you never mentioned what was the reason to put down the resignation letter?
Why are you resigning?
And why are you emphasizing on completing the two month's notice period?
Oh and just to add, this is not forceful relieving. It is very much allowed. Because when you resign, the notice period is the max time that you would be going to the office and say if the notice period is 30 days, you won't go there on the 31st day, right? So the notice period is the max time. We are allowed to adjust your pending leaves against the notice period so that we can get early relief (this is also a practice in many companies.)
And as I said, if the company do not really want to keep you or they think you are non-performer or something like that, and since you have yourself resigned, they would relieve you on the 1st possible chance.
And yes, would also like to add this -
If the company terminates you and gives you a notice period of say whatever 2 months in your case
And you wish to get relieved before that, again the full and final would be calculated only upto your last working day;
From India, Mumbai
Dear Ankita
90% people left(resigned) the people not the company. One day we (I and Boss) struck into argument and Boss started using abusive it was late in the evening. Next day I come to office and resigned.
Two weeks before I got appreciation letter from our President for my excellent work.
So it is not not a case of non performer but it is the case of Ego of both of us.
Regards
Ankush
From India, Patiala
90% people left(resigned) the people not the company. One day we (I and Boss) struck into argument and Boss started using abusive it was late in the evening. Next day I come to office and resigned.
Two weeks before I got appreciation letter from our President for my excellent work.
So it is not not a case of non performer but it is the case of Ego of both of us.
Regards
Ankush
From India, Patiala
Ankush, whatever be the reason, the matter of the fact is you resigned.
It happens that there are differences in the employee-employer relation and at times our managers get little arrogant.
If you think you resigned because abusive language was used and you found it offensive to your self respect, great that you resigned.
So now why you want to work with that kind of boss for 2 months when they are happy to relieve you sooner. Isn't it great that you won't have to see him for long?
If however you think you just submitted your resignation and now you think it's a mistake I think go asap to the HR and ask if any revoke can happen. Usually once the company accepts resignation, there is no revoke but there can always be exceptional cases based on the performance and other things.
I never said you are a non-performer. You must have got appreciation letters and even the due recognition. But sometimes, there are perceptions that works strongly. Meaning to say that now your manager might not be thinking as good of you as he did a few days back.
I do understand that people leave their jobs only coz of the people - managers / supervisors / peers and team mates.
My one question to you -
Do you think you did right by just right away going and resigning?
Honestly, if I look at it, that was not something appreciable. Reasons stated -
Firstly, it is very very normal for managers to be frustrated (because of the kind of pressure they too have) and they might yell out that on some one.
(I hope you must have seen that many times we just shout on our housekeeping staff for no fault of theirs only cause that frustration was directed to us by someone else.)
Perhaps a similar case. Perhaps he didn't mean what he said.
Just giving the benefit of doubt.
Secondly, even if it was actually like yelling on you, how can you resign a job without having hunt one down in this crunching market scenario?
You never looked out for one job, don't even have any interviews lined up and you just simply resigned?
Honestly, one piece of advice:
Self-Esteem is honestly one important thing, I agree, but do not feed your egos.
And do not get blinded by a few insults that you can't forsee the problems that would creep in by one thoughtless act.
I still don't understand why you want to stick with this job for 2 months?
And what reason did you state in your resignation letter?
Please mention the whole story, this part and parcel won't help you, instead would spoil your case if someone would give a wrong advice misinterpreting the scene.
Try to help yourself.
From India, Mumbai
It happens that there are differences in the employee-employer relation and at times our managers get little arrogant.
If you think you resigned because abusive language was used and you found it offensive to your self respect, great that you resigned.
So now why you want to work with that kind of boss for 2 months when they are happy to relieve you sooner. Isn't it great that you won't have to see him for long?
If however you think you just submitted your resignation and now you think it's a mistake I think go asap to the HR and ask if any revoke can happen. Usually once the company accepts resignation, there is no revoke but there can always be exceptional cases based on the performance and other things.
I never said you are a non-performer. You must have got appreciation letters and even the due recognition. But sometimes, there are perceptions that works strongly. Meaning to say that now your manager might not be thinking as good of you as he did a few days back.
I do understand that people leave their jobs only coz of the people - managers / supervisors / peers and team mates.
My one question to you -
Do you think you did right by just right away going and resigning?
Honestly, if I look at it, that was not something appreciable. Reasons stated -
Firstly, it is very very normal for managers to be frustrated (because of the kind of pressure they too have) and they might yell out that on some one.
(I hope you must have seen that many times we just shout on our housekeeping staff for no fault of theirs only cause that frustration was directed to us by someone else.)
Perhaps a similar case. Perhaps he didn't mean what he said.
Just giving the benefit of doubt.
Secondly, even if it was actually like yelling on you, how can you resign a job without having hunt one down in this crunching market scenario?
You never looked out for one job, don't even have any interviews lined up and you just simply resigned?
Honestly, one piece of advice:
Self-Esteem is honestly one important thing, I agree, but do not feed your egos.
And do not get blinded by a few insults that you can't forsee the problems that would creep in by one thoughtless act.
I still don't understand why you want to stick with this job for 2 months?
And what reason did you state in your resignation letter?
Please mention the whole story, this part and parcel won't help you, instead would spoil your case if someone would give a wrong advice misinterpreting the scene.
Try to help yourself.
From India, Mumbai
Dear Ankita
I Just want to teach him lesson that he can't do whatever he wants to do. There are some rules and regulation which should be followed and also how can i loose my one month salary, besides all that I want to set example in this particular company, who are scared to even put their words in front of their seniors.
But I just want to check the legal point of view. and I believe that they can not discharge me before the expiery of due date of notice period or they have to pay me salary for the rest of the notice period.
Regards
Ankush
From India, Patiala
I Just want to teach him lesson that he can't do whatever he wants to do. There are some rules and regulation which should be followed and also how can i loose my one month salary, besides all that I want to set example in this particular company, who are scared to even put their words in front of their seniors.
But I just want to check the legal point of view. and I believe that they can not discharge me before the expiery of due date of notice period or they have to pay me salary for the rest of the notice period.
Regards
Ankush
From India, Patiala
Dear Ankush,
Firstly, there is nothing wrong that they've done.
You resigned, they accepted.
They are happy to relieve you.
Let's take the scene otherwise.
You had a job offer from some XYZ company. Now you have to join the new firm in 1 month's time, you resigned from the job and as per the rule you have to serve a 2 month's notice period. However, your company relieves you earlier. In this case, you wouldn't have raised an issue.
Here, you wouldn't have said that HR are doing wrong by relieving you early.
You can't have both sides of the coin.
I asked you do you have any job after that?
You should have given a thought on this before you resigned,
Before putting down papers, it is very essential for anyone to think about what options one has if the company accepts the resignation.
Sorry to say but you resigned out of your ego and even now you are not ready to admit that you are at fault instead you want to feed your ego further by trying to teach the HR or supervisor or whomsoever some lesson (which you can't coz they are not at fault)
I would have appreciated if you would have stood up for your rights.
Here you are trying to serve yourself and feed your ego as you rightly said a few posts back.
Honestly take my advice. Instead of teaching your company a lesson, learn from the scenario and start looking out for a new job.
I told you ince you file down paper, it is upto the company to give you a relieving date and it depends on the company completely.
They have not asked you to stop coming to the office.
You resigned and they are favoring you by relieving you.
And yes they would have paid you if they would have terminated you. Sorry to state but your ego is blinding you so much that inspite of telling you this in the past two posts that they are right in their practice and you can't claim anything, you still want someone to air your ego and say that yes you are right.
You would just waste your time, energy and money in this.
Start looking for new job instead so that by the end of the employment with this firm atleast you have something or some hope.
All the best and sorry to be blunt but can't change the facts and laws to favor you.
Hopefully you must have understood in this post that the company has done nothing wrong and you can't claim the salary for early relief they are giving.
From India, Mumbai
Firstly, there is nothing wrong that they've done.
You resigned, they accepted.
They are happy to relieve you.
Let's take the scene otherwise.
You had a job offer from some XYZ company. Now you have to join the new firm in 1 month's time, you resigned from the job and as per the rule you have to serve a 2 month's notice period. However, your company relieves you earlier. In this case, you wouldn't have raised an issue.
Here, you wouldn't have said that HR are doing wrong by relieving you early.
You can't have both sides of the coin.
I asked you do you have any job after that?
You should have given a thought on this before you resigned,
Before putting down papers, it is very essential for anyone to think about what options one has if the company accepts the resignation.
Sorry to say but you resigned out of your ego and even now you are not ready to admit that you are at fault instead you want to feed your ego further by trying to teach the HR or supervisor or whomsoever some lesson (which you can't coz they are not at fault)
I would have appreciated if you would have stood up for your rights.
Here you are trying to serve yourself and feed your ego as you rightly said a few posts back.
Honestly take my advice. Instead of teaching your company a lesson, learn from the scenario and start looking out for a new job.
I told you ince you file down paper, it is upto the company to give you a relieving date and it depends on the company completely.
They have not asked you to stop coming to the office.
You resigned and they are favoring you by relieving you.
And yes they would have paid you if they would have terminated you. Sorry to state but your ego is blinding you so much that inspite of telling you this in the past two posts that they are right in their practice and you can't claim anything, you still want someone to air your ego and say that yes you are right.
You would just waste your time, energy and money in this.
Start looking for new job instead so that by the end of the employment with this firm atleast you have something or some hope.
All the best and sorry to be blunt but can't change the facts and laws to favor you.
Hopefully you must have understood in this post that the company has done nothing wrong and you can't claim the salary for early relief they are giving.
From India, Mumbai
Dear Ankita Sorry to say but you are not so aware about the Laws I have consulted the lawyer as well and for this he suggested me the same. Regards Ankush
From India, Patiala
From India, Patiala
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