hi,
I resigned from my current organization on 08/18/2015. My last Working Day (after adjustment of leaves) is turning out to be 10/06/2015. However, I want to be relieved on 09/25/2015 as I have to join a different organization on 09/28/2015. So I went to my manager and HR seeking for the option of buying out remaining days of notice period (11 days). But my manager and HR both declined me the option of buying out the notice period and told me that I would have to serve complete 60 days of notice period and my LWD would remain 10/06/2015, else I would not get my relieving letter. My offer letter has the following verbiage:
9. Separation from the company
a. The retirement age of the Company is 58 years. At the time of formally resigning from service you
shall serve the 60 days of Notice Period.
b. When you formally resign from the service of the Company, the Company may, at its discretion,
permit you to
i. Adjust the vacation leave accumulated toward part of the notice period.
ii. Pay up for the notice period in lieu thereof on your Annual Gross Compensation.
c. If your services are terminated by the Company due to misdemeanor, unsatisfactory performance
or any other disciplinary matter, the Company will pay your salary for the Notice Period starting from
the date on which Company informs you of such matter. If the termination of services is for reasons
mentioned in 1 (a) above, no salary is payable for the Notice Period.
Question: Is my manger and HR right in saying that I don't have an option of buying out my notice period and it is there choice to decide how they want me to leave i.e. either by buying out or serve the full notice period.
What option do I have as an employee in this situation. Can labor court help me in this? All suggestions are welcome. Thanks.
From India, Delhi
I resigned from my current organization on 08/18/2015. My last Working Day (after adjustment of leaves) is turning out to be 10/06/2015. However, I want to be relieved on 09/25/2015 as I have to join a different organization on 09/28/2015. So I went to my manager and HR seeking for the option of buying out remaining days of notice period (11 days). But my manager and HR both declined me the option of buying out the notice period and told me that I would have to serve complete 60 days of notice period and my LWD would remain 10/06/2015, else I would not get my relieving letter. My offer letter has the following verbiage:
9. Separation from the company
a. The retirement age of the Company is 58 years. At the time of formally resigning from service you
shall serve the 60 days of Notice Period.
b. When you formally resign from the service of the Company, the Company may, at its discretion,
permit you to
i. Adjust the vacation leave accumulated toward part of the notice period.
ii. Pay up for the notice period in lieu thereof on your Annual Gross Compensation.
c. If your services are terminated by the Company due to misdemeanor, unsatisfactory performance
or any other disciplinary matter, the Company will pay your salary for the Notice Period starting from
the date on which Company informs you of such matter. If the termination of services is for reasons
mentioned in 1 (a) above, no salary is payable for the Notice Period.
Question: Is my manger and HR right in saying that I don't have an option of buying out my notice period and it is there choice to decide how they want me to leave i.e. either by buying out or serve the full notice period.
What option do I have as an employee in this situation. Can labor court help me in this? All suggestions are welcome. Thanks.
From India, Delhi
Dear Friends
i am working with a company which has not paid me and many more for the last 6 months they are paying us very small amounts every month. actually the company itself is in crisis but due to all this my more than six months salary has got held up in the company. Now i want to resign but the company wants me to give 1 month notice. i dont have the option of giving them notice coz i would miss the next opportunity which is join tomorrow type. so i would give them a as on date resignation without any notice period mentioned in it and more over in my offer letter and appointment letter their is no mention of notice period requirement (both issued 10 years back).
Can they harm me legally coz the senior is shouting this to everybody who resigns and then people in fear give notice period but i cant give the notice as mentioned above so can they hold my dues and relieving letter etc if i dont serve notice. Pls advice
Rajkumar
From India, Lucknow
i am working with a company which has not paid me and many more for the last 6 months they are paying us very small amounts every month. actually the company itself is in crisis but due to all this my more than six months salary has got held up in the company. Now i want to resign but the company wants me to give 1 month notice. i dont have the option of giving them notice coz i would miss the next opportunity which is join tomorrow type. so i would give them a as on date resignation without any notice period mentioned in it and more over in my offer letter and appointment letter their is no mention of notice period requirement (both issued 10 years back).
Can they harm me legally coz the senior is shouting this to everybody who resigns and then people in fear give notice period but i cant give the notice as mentioned above so can they hold my dues and relieving letter etc if i dont serve notice. Pls advice
Rajkumar
From India, Lucknow
Hi
I am Rohit. I have joined an E-commerce organisation on 11th April. 16
and I am under probation period of 4 months and I have just signed an offer letter of 1 page in which it was mentioned that the notice period is of 1 month during probation period and if in any case,the notice period is not served ,then you are bound to pay 1 months salary to the company.
Now ,today i have resigned and i don't want to serve notice period because I have to prepare for my exams commencing from 1st june.
The company owner have threatned me by saying if i don't serve the notice period or reimburse 1 month salary then they will take legal action against me.
I am bit scared right now and i am wondering are they authorized to do that because i have not signed any BOND or CONTRACT and I am under probation and tommorow I'll be completing 1 month here.
Please advice, can they take legal actions against me,if yes what can be the repercussion?
Thanks in anticipation.
From India, Noida
I am Rohit. I have joined an E-commerce organisation on 11th April. 16
and I am under probation period of 4 months and I have just signed an offer letter of 1 page in which it was mentioned that the notice period is of 1 month during probation period and if in any case,the notice period is not served ,then you are bound to pay 1 months salary to the company.
Now ,today i have resigned and i don't want to serve notice period because I have to prepare for my exams commencing from 1st june.
The company owner have threatned me by saying if i don't serve the notice period or reimburse 1 month salary then they will take legal action against me.
I am bit scared right now and i am wondering are they authorized to do that because i have not signed any BOND or CONTRACT and I am under probation and tommorow I'll be completing 1 month here.
Please advice, can they take legal actions against me,if yes what can be the repercussion?
Thanks in anticipation.
From India, Noida
I had signed service agreement for two years stating 30 day notice period. The appointment letter states that the appointment is governed by company policies which are liable to change. The company policy has changed to 90 days notice period. Since I am still under service agreement, what would be applicable 30 days or 90 days?
From India, Delhi
From India, Delhi
Terms and conditions of appointment letters cannot be changed at the whims of the employer. If the employer wants to change any condition of service, then proper notice has to be given regarding the same and such new terms have to be accepted by the employee also.
Service agreement does not hold much value hence you will be guided by the notice period as stipulated in the appointment letter unless you have agreed to change in notice period (90 days) at a later stage.
Check my blog at www.labourlawhub.com
From India, Kolkata
243Service agreement does not hold much value hence you will be guided by the notice period as stipulated in the appointment letter unless you have agreed to change in notice period (90 days) at a later stage.
Check my blog at www.labourlawhub.com
From India, Kolkata
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Legal Notice for Breach of Notice Period .docx
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