Dear Friends,
One of my friends has resigned from the company recently and wants to leave immediately. He was on a senior position and as per the appointment letter, was required to serve a notice period of 30 days. His new company is agreeing to pay his company the amount towards the notice period not served. But the management is adamant and says they don't want money but want the employee to complete his notice period. Please suggest if company can take any legal action against him if he doesn't wish to serve the notice period but agreeing to pay in lieu of it.
Regards
Amit
From India, Ahmedabad
One of my friends has resigned from the company recently and wants to leave immediately. He was on a senior position and as per the appointment letter, was required to serve a notice period of 30 days. His new company is agreeing to pay his company the amount towards the notice period not served. But the management is adamant and says they don't want money but want the employee to complete his notice period. Please suggest if company can take any legal action against him if he doesn't wish to serve the notice period but agreeing to pay in lieu of it.
Regards
Amit
From India, Ahmedabad
Hi Amit,
I also in same situation. Because our official notice period as 2 months but i need it with in 30 days. Is it any other possibilities for Immediate termination?
What are the reasons we can get immediate termination?
Thanks,
Madhan
From India, Chennai
I also in same situation. Because our official notice period as 2 months but i need it with in 30 days. Is it any other possibilities for Immediate termination?
What are the reasons we can get immediate termination?
Thanks,
Madhan
From India, Chennai
Hi,
1. As you said, He is in probation period then no need to serve notice period until and unless the particular clause mentioned in appointment letter for probation period.
2. If not mentioned any clause then may leave.
3. If they have mentioned in appointment letter, employee should pay 1 month salary lieu of notice period then management accept that amount and relieve you.
4. Totally depends on what clauses mentioned in your appointment letter.
From India, Mumbai
4271. As you said, He is in probation period then no need to serve notice period until and unless the particular clause mentioned in appointment letter for probation period.
2. If not mentioned any clause then may leave.
3. If they have mentioned in appointment letter, employee should pay 1 month salary lieu of notice period then management accept that amount and relieve you.
4. Totally depends on what clauses mentioned in your appointment letter.
From India, Mumbai
Dear Amit,
The company has the right to reject the payment in lieu of and demand that the entire notice period is served. Once the company has given the same in writing, than if the employee exits, without completing the notice period, the company can penalize the employee, by issuing the absconding letter and also not handing over the experience and relieving letter.
Even if the clause is there, it usually mentions the word 'can' and therefore the company reserves the right to reject the payment in lieu of. With a senior position, more than the money the knowledge transfer is important to the right person.
Therefore you need to convince the management with negotiation and then take the decision.
Regards,
Ashutosh Thakre
From India, Mumbai
The company has the right to reject the payment in lieu of and demand that the entire notice period is served. Once the company has given the same in writing, than if the employee exits, without completing the notice period, the company can penalize the employee, by issuing the absconding letter and also not handing over the experience and relieving letter.
Even if the clause is there, it usually mentions the word 'can' and therefore the company reserves the right to reject the payment in lieu of. With a senior position, more than the money the knowledge transfer is important to the right person.
Therefore you need to convince the management with negotiation and then take the decision.
Regards,
Ashutosh Thakre
From India, Mumbai
Dear Amit & all followers with a similar issue.
First of all I would like to mention that it is quite unethical to leave a Company without serving proper notice as required prior to leaving any Company irrespective of size and the position one holds in that organization. However this is an ethical issue and has nothing to do with individual requirements.
Now the second, important and legal issue, which has been asked for.
Pl go through the terms of appointment. There must be some clear mention about the terms of separation from Company either on the part of management or on the part of employee concerned. Follow the terms and there will be no legal consequence. If notice is required, give notice; if equivalent payment can be made in lieu of notice, make the payment. I don't see any reason that the HR people in your organization will force you to serve the notice period, if provisions allow for payment in lieu thereof.
If one fails to fulfill any of the two conditions (notice period or payment in lieu of notice) he will unnecessarily warrant legal consequences which will adversely affect one's future prospects and plans in career.
AK Jain
From India, Jabalpur
First of all I would like to mention that it is quite unethical to leave a Company without serving proper notice as required prior to leaving any Company irrespective of size and the position one holds in that organization. However this is an ethical issue and has nothing to do with individual requirements.
Now the second, important and legal issue, which has been asked for.
Pl go through the terms of appointment. There must be some clear mention about the terms of separation from Company either on the part of management or on the part of employee concerned. Follow the terms and there will be no legal consequence. If notice is required, give notice; if equivalent payment can be made in lieu of notice, make the payment. I don't see any reason that the HR people in your organization will force you to serve the notice period, if provisions allow for payment in lieu thereof.
If one fails to fulfill any of the two conditions (notice period or payment in lieu of notice) he will unnecessarily warrant legal consequences which will adversely affect one's future prospects and plans in career.
AK Jain
From India, Jabalpur
Dear Amit,
Your query is well answered by our learning member Shri.A.K.Jain which is quite transparent for both employee and employer. The exit procedures should be mentioned always in the appointment order not only for the probationers period but also after confirmation. Every employee has the right to choose his career for his better prospectus but should should follow the procedures. As Mr.Jain Sir, has mentioned rightly serve the notice period or payment in lieu thereof of and request the management to favor with early relieving.
Such situations are a rising where the clause of exit is not mentioned in the appointment order. Recently I had come across with a case where the notice period is not mentioned in the appointment order and the employee has submitted his resignation and requested for immediate relieving ie within one day. The employer did not agree with this. Then the employee has reported to the Labour Commissioner and requested for intervention. Finally the Labour Commissioner has uphold the argument of the employee and ordered the employer to relieve him with full and final settlement of his services.
All the HR executives are requested to take note this and see that the exist clause should be mentioned in the appointment order. not only in the interest of employee but also in the interest of the employer and company.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Your query is well answered by our learning member Shri.A.K.Jain which is quite transparent for both employee and employer. The exit procedures should be mentioned always in the appointment order not only for the probationers period but also after confirmation. Every employee has the right to choose his career for his better prospectus but should should follow the procedures. As Mr.Jain Sir, has mentioned rightly serve the notice period or payment in lieu thereof of and request the management to favor with early relieving.
Such situations are a rising where the clause of exit is not mentioned in the appointment order. Recently I had come across with a case where the notice period is not mentioned in the appointment order and the employee has submitted his resignation and requested for immediate relieving ie within one day. The employer did not agree with this. Then the employee has reported to the Labour Commissioner and requested for intervention. Finally the Labour Commissioner has uphold the argument of the employee and ordered the employer to relieve him with full and final settlement of his services.
All the HR executives are requested to take note this and see that the exist clause should be mentioned in the appointment order. not only in the interest of employee but also in the interest of the employer and company.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Hello everyone!
I have this query that I need you to help me with. I had been working in this school in Noida for the past 3 years. It has been a very bad roller coaster ride for me. Initially, I was recruited as a telesales person on contract basis for admission purposes. Even though I was reluctant, the HR convinced and promised me that she would get me a new designation on the school payrolls within 6 months. All this was verbally promised. Trusting her, I joined. After the completion of my 6 months, I was then given an extension of 3 months and even though I was a ‘Telesales’ person, I was relocated to the Delhi HO and given a different assignment. I persevered. I sincerely focused on this particular assignment given to me and I grew this project from a seedling to sap and then in full bloom to say. Due to the appreciation of my work, my contract was again extended for another 3 months.
Finally, in June 2012, the Principal of the school who appreciated my work convinced the senior management to put me on the company’s payroll and I was finally reporting to her. They did not increase my salary, only gave me a designation and I was a full timer. From June 2012 till November 2013, it was good. I was an EA to the principal, looking after the assignment and also HR. Being a sincere worker I never thought of going to the senior management to ask for a hike in salary. They only gave me an appraisal of Rs. 1900 in the last two years, but everything was good as the environment and people were great, I had no complaints.
In November 2013, the Principal left due to the senior management. I was to report to the new Principal who was a complete contrast to her. She had problems dealing with everyone and couldn’t manage a rapport with anyone. Things went from being great to miserable. She started creating politics between all the employees and the whole thing went out of control to such an extent that all of us decided to go to the country director after 4 months of bearing. He listened to us and made enquiries. Top management people came in to talk to us and we told them the truth. Then it all back fired. One day I find out they are looking to recruit a new EA. I get shifted out of the school and back again into the HO and now without any designation. So technically I’m still an EA and there is also the new EA.
From April to June 2014 I ask for a meeting with the CD and finally he meets me. I ask him why I have still not been given a designation even though the work I have been given is completely different from what I was doing. He just replies that due to financial constraints and because of the budgeting I ‘may’ have to wait till the next financial year and that too he cannot guarantee. Also he was furious as I had indirectly conspired against the new principal and was forming a union which was a shocker for me. I would not be given a raise till then either. So I discussed this with my new supervisor and she told me that nothing would happen. I again called for a meeting with the CD in May. In the mean time I got two offers from prestigious schools offering me better pay packages. I asked him again about my designation status and increment and he again told me that he couldn’t do anything.
After consultation with my supervisor, I decided to resign the same evening. The new school was recruiting me and I had to join within 20 days time. My notice period was 3 months. My supervisor discussed this angle with the CD who told her that he would take legal action if I didn’t serve my 3 month notice period. I decided that I would not serve the notice period. I had over 20 days of pending leaves. Finally he must have consulted his lawyer and submitted to my given resignation.
I have joined my new school, however my question is, I’m not asking for my salary but in the above mentioned circumstances and being treated so unfairly, am I entitled to my salary for the number of days I had worked? Also am I not entitled to receive an experience certificate? This experience has really shaken me up and unfortunately made me believe in the phrase ‘Kaam utna karo ki salary jyada lage’.
I feel abused and taken for a ride. Kindly suggest.
From India, Delhi
I have this query that I need you to help me with. I had been working in this school in Noida for the past 3 years. It has been a very bad roller coaster ride for me. Initially, I was recruited as a telesales person on contract basis for admission purposes. Even though I was reluctant, the HR convinced and promised me that she would get me a new designation on the school payrolls within 6 months. All this was verbally promised. Trusting her, I joined. After the completion of my 6 months, I was then given an extension of 3 months and even though I was a ‘Telesales’ person, I was relocated to the Delhi HO and given a different assignment. I persevered. I sincerely focused on this particular assignment given to me and I grew this project from a seedling to sap and then in full bloom to say. Due to the appreciation of my work, my contract was again extended for another 3 months.
Finally, in June 2012, the Principal of the school who appreciated my work convinced the senior management to put me on the company’s payroll and I was finally reporting to her. They did not increase my salary, only gave me a designation and I was a full timer. From June 2012 till November 2013, it was good. I was an EA to the principal, looking after the assignment and also HR. Being a sincere worker I never thought of going to the senior management to ask for a hike in salary. They only gave me an appraisal of Rs. 1900 in the last two years, but everything was good as the environment and people were great, I had no complaints.
In November 2013, the Principal left due to the senior management. I was to report to the new Principal who was a complete contrast to her. She had problems dealing with everyone and couldn’t manage a rapport with anyone. Things went from being great to miserable. She started creating politics between all the employees and the whole thing went out of control to such an extent that all of us decided to go to the country director after 4 months of bearing. He listened to us and made enquiries. Top management people came in to talk to us and we told them the truth. Then it all back fired. One day I find out they are looking to recruit a new EA. I get shifted out of the school and back again into the HO and now without any designation. So technically I’m still an EA and there is also the new EA.
From April to June 2014 I ask for a meeting with the CD and finally he meets me. I ask him why I have still not been given a designation even though the work I have been given is completely different from what I was doing. He just replies that due to financial constraints and because of the budgeting I ‘may’ have to wait till the next financial year and that too he cannot guarantee. Also he was furious as I had indirectly conspired against the new principal and was forming a union which was a shocker for me. I would not be given a raise till then either. So I discussed this with my new supervisor and she told me that nothing would happen. I again called for a meeting with the CD in May. In the mean time I got two offers from prestigious schools offering me better pay packages. I asked him again about my designation status and increment and he again told me that he couldn’t do anything.
After consultation with my supervisor, I decided to resign the same evening. The new school was recruiting me and I had to join within 20 days time. My notice period was 3 months. My supervisor discussed this angle with the CD who told her that he would take legal action if I didn’t serve my 3 month notice period. I decided that I would not serve the notice period. I had over 20 days of pending leaves. Finally he must have consulted his lawyer and submitted to my given resignation.
I have joined my new school, however my question is, I’m not asking for my salary but in the above mentioned circumstances and being treated so unfairly, am I entitled to my salary for the number of days I had worked? Also am I not entitled to receive an experience certificate? This experience has really shaken me up and unfortunately made me believe in the phrase ‘Kaam utna karo ki salary jyada lage’.
I feel abused and taken for a ride. Kindly suggest.
From India, Delhi
Dear,
Your story and experience is shocking. Now the picture is entirely different. The following may be noted.
1) The school in which you worked was a private school.
2) The terms of appointment/leaving as a permanent employee were not spelt out in writing, hence you cannot be forced to serve 03 months notice period or take any legal action. At the most, they will deny experience letter.
3) The management is bound to pay you salary for the days worked, but if they are reluctant, you may take shelter of law which you will not prefer. So my suggestion is to forget the past and think of future ahead with peace and calm. Bothering about the suffering in past will make you feel bad in present and speak upon your dedication in the present assignment.
4) If the previous school management has deducted any provident fund etc. you can claim through them or make an application to EPF Commissioner for transfer of amount to the new PF account, if any, opened with new school.
Best of luck and good wishes for future ahead.
AK Jain
From India, Jabalpur
Your story and experience is shocking. Now the picture is entirely different. The following may be noted.
1) The school in which you worked was a private school.
2) The terms of appointment/leaving as a permanent employee were not spelt out in writing, hence you cannot be forced to serve 03 months notice period or take any legal action. At the most, they will deny experience letter.
3) The management is bound to pay you salary for the days worked, but if they are reluctant, you may take shelter of law which you will not prefer. So my suggestion is to forget the past and think of future ahead with peace and calm. Bothering about the suffering in past will make you feel bad in present and speak upon your dedication in the present assignment.
4) If the previous school management has deducted any provident fund etc. you can claim through them or make an application to EPF Commissioner for transfer of amount to the new PF account, if any, opened with new school.
Best of luck and good wishes for future ahead.
AK Jain
From India, Jabalpur
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.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf