Dear Sir/Madam. This is Suresh, I am working in a Pvt Ltd Company for 2 years, now I want to resign, but problem is that I have to give three months notice as per company policy, it is mentioned in my appointment letter also. My query is that, is it mandatory for three months' notice as per law and in which law I can refer regarding this matter.
Kindly advise me.
From India, Hubli
1Kindly advise me.
From India, Hubli
Dear Suresh,
your problem is very common in many of the organisations. but generally only one month notice period only will be considered. but depending up on the requirement of the organisation it will create its own rules. yours is one such case. According to law if any employee is resigning from the services then it is the duty of the employer to relieve the employee according to the wish of the employee. but if employer can show case the need of the employee in the organisation then he can retain you for some time. For example if employer can prove that your presence is highly required for the transition of the work and other important things where company will be effected with your absence then the labour law says we can make employee serve the notice period. but i have never come across the period of notice period in any of the laws. pls check contracts laws and employment laws.
Regards
Gopal
From India, Hyderabad
your problem is very common in many of the organisations. but generally only one month notice period only will be considered. but depending up on the requirement of the organisation it will create its own rules. yours is one such case. According to law if any employee is resigning from the services then it is the duty of the employer to relieve the employee according to the wish of the employee. but if employer can show case the need of the employee in the organisation then he can retain you for some time. For example if employer can prove that your presence is highly required for the transition of the work and other important things where company will be effected with your absence then the labour law says we can make employee serve the notice period. but i have never come across the period of notice period in any of the laws. pls check contracts laws and employment laws.
Regards
Gopal
From India, Hyderabad
Dear Mr. Suresh,
As per the company rules you need to give 3 months notice well in advance because this is an agreement between you and company. why company ask for such notice period to maintain their working smoothly and without any affected to day to day transaction. However there must be other conditions, you can also pay noice pay to company and relive early as per your requirment. Please request your Manegement with a reaons to relive you as early as posible and vaive your balance notice period. The entire process is base on your relation with the company.
V D Patel
From India, Vadodara
As per the company rules you need to give 3 months notice well in advance because this is an agreement between you and company. why company ask for such notice period to maintain their working smoothly and without any affected to day to day transaction. However there must be other conditions, you can also pay noice pay to company and relive early as per your requirment. Please request your Manegement with a reaons to relive you as early as posible and vaive your balance notice period. The entire process is base on your relation with the company.
V D Patel
From India, Vadodara
Dear Suresh,
As per company low and policy you have to serve three month notice period, otherwise your all procedure will be hold. But you have other option, if you have very urgent joining in other organization you can live the company immediate effect, but then you have to serve your three month basic amount to company than company have to relive you any condition as per your requirement. Please discuss with your your responsible hr person and its common solution for senior position who want relive himself within sort time.
Thanks and Regards
Mahendra Patole
From India, Mumbai
As per company low and policy you have to serve three month notice period, otherwise your all procedure will be hold. But you have other option, if you have very urgent joining in other organization you can live the company immediate effect, but then you have to serve your three month basic amount to company than company have to relive you any condition as per your requirement. Please discuss with your your responsible hr person and its common solution for senior position who want relive himself within sort time.
Thanks and Regards
Mahendra Patole
From India, Mumbai
Hi Suresh,
If it is a company policy then you will have to follow the rules and regulations to get all the relieving documents but there are two ways also, one is notice period Buyout and Waive off. In buyout you can get your salary adjusted in lieu of notice period or serve for half of the notice period and partial buyout.
And in waive off you can request Management to release you without paying or serving the notice period.
Regards.
From India, Delhi
If it is a company policy then you will have to follow the rules and regulations to get all the relieving documents but there are two ways also, one is notice period Buyout and Waive off. In buyout you can get your salary adjusted in lieu of notice period or serve for half of the notice period and partial buyout.
And in waive off you can request Management to release you without paying or serving the notice period.
Regards.
From India, Delhi
There is no written law that an employee have to give 3 months notice for resigning.The ID Act mentions about one months notice or pay in lieu thereof, by the employer to terminate a workmen.Reciprocally workmen also shall give notice of one month.
In the case of non-workmen Co policy,rule and agreement will be the law.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
In the case of non-workmen Co policy,rule and agreement will be the law.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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