Yes The severeance terms would have been decided when you joined the company. You should ask for the detailed break up of the amount due to be paid by you. As for not paying I beleive depending on how the company treats the matter, they can even move the court to realise the dues. So cover that flank also.
From India, Nagpur
1From India, Nagpur
Dear Indira,
Take it as good learning experience and keep shooting correspondendence from your end to them seeking clarification and compensation for mental agony.
Believe me you would learn lot and nothing negative would happen to you.
From India, Mumbai
Take it as good learning experience and keep shooting correspondendence from your end to them seeking clarification and compensation for mental agony.
Believe me you would learn lot and nothing negative would happen to you.
From India, Mumbai
Dear Indra,
You may want to read the 'Terms & Conditions' of your Appointment letter. Also let us know if you have signed any type of 'Employment Agreement'. If they do send you another letter please respond to it asking them why was there no feedback from them when you sent your resignation?
I do not think they would like to take this all the way to court. Even if they do you already have stuff to back up your position (No Exit Interview, No Verbal/Formal Communication at time of resignation, No Discussion, Late response).
Regards
SF
From India, Mumbai
You may want to read the 'Terms & Conditions' of your Appointment letter. Also let us know if you have signed any type of 'Employment Agreement'. If they do send you another letter please respond to it asking them why was there no feedback from them when you sent your resignation?
I do not think they would like to take this all the way to court. Even if they do you already have stuff to back up your position (No Exit Interview, No Verbal/Formal Communication at time of resignation, No Discussion, Late response).
Regards
SF
From India, Mumbai
Dear Indra,
I am responding on the assumption that you have not received any relieving letter as yet. In my view, you would be liable to pay the notice period if your appointment letter so states and if you have accepted the same.
It seems that you have 'abandoned' the job and left without a relieving letter which was not insisted upon by your current employers. You would not have been liable for the notice pay if you had left during the probation period.
I have a question for you - suppose the employer had asked you to resign after your confirmation ? Would you not have termed it as 'unfair' ? In such a situation you would have been demanding the notice pay of 2 months !
Your comment that you worked for 12 hours a day or on weekends does not improve the situation.... in all probability, you are working in a similar way even today !
In my personal view, it is always better to separate cordially. In your case, you should have talked to your ex-boss and worked out an amicable solution.
In retrospect, you could have also negotiated with your current employers at the time of joining, to bear a part (if not whole) of the notice pay.
Regards,
Innovation
I am responding on the assumption that you have not received any relieving letter as yet. In my view, you would be liable to pay the notice period if your appointment letter so states and if you have accepted the same.
It seems that you have 'abandoned' the job and left without a relieving letter which was not insisted upon by your current employers. You would not have been liable for the notice pay if you had left during the probation period.
I have a question for you - suppose the employer had asked you to resign after your confirmation ? Would you not have termed it as 'unfair' ? In such a situation you would have been demanding the notice pay of 2 months !
Your comment that you worked for 12 hours a day or on weekends does not improve the situation.... in all probability, you are working in a similar way even today !
In my personal view, it is always better to separate cordially. In your case, you should have talked to your ex-boss and worked out an amicable solution.
In retrospect, you could have also negotiated with your current employers at the time of joining, to bear a part (if not whole) of the notice pay.
Regards,
Innovation
I ought to be corrected guys. This guys failed to give the appropriate notice and the company have the legal right to deduct money equivalent to the notice period or the employee has to pay for the amount for failing to waive an appropriate notice. Check whether the amount they are demanding correspond with the montly salary of the agreed notice period. Also we do not have inside information regarding the contents of the contract and its related contentS. its better to furnish us with all the contents of the contract and without that we are bound to mislead you.
From Zimbabwe
From Zimbabwe
Hai friends,
Just a different thought. Please think, before getting job always all new joinees are ready to accept the terms and conditions laid down by the company ( As per legal terms and conditions only). Legally 01 month is permitted and 3 months are permitted based on the appointment terms and condition.
Some time new employees worked for 3 to 4 months, since they got new employer to shift, they quit without proper termination procedure, ( Just left). which is ethically is not correct. The left employee is not worried about, company's time on training, and recruitment process, replacement timings & training etc.,( If they have to buy notice period for new recruitment for replacement ??)
Again Department head is accepted the resignation letter for the purpose of recommending to HR to follow as per company policy only. Now adays employees are thinging SMART taking the xerox and showing to the new employer and some of the un ethical HR managers are accepting these kinds of letter, encouraging these kind of employees to get the job.
Being we are the professional, should follow things ethically and legally.
Some of the collegues are advising to ignore this letter simply. Which is really hurting, we don't have any value for the rules and regulations of the company. we should respect, ane follow as per the company norms and condition.
If anybody is not following, we should not encourage them to follow.
Note: Now days referrence chek procedure is taken very seriously, and employees are not following proper termination procedures may not be getting good job in professional organisations. ( Un eithical practice leads to un ethical company)
If any body got luckily, God has to save them.
If somebody is following un ethical practice, how come they can be a good employee of the current organisation.??
If some body is accepting un ethical practice, how come they can select the right candidate for the organisation?
From India, Bangalore
Just a different thought. Please think, before getting job always all new joinees are ready to accept the terms and conditions laid down by the company ( As per legal terms and conditions only). Legally 01 month is permitted and 3 months are permitted based on the appointment terms and condition.
Some time new employees worked for 3 to 4 months, since they got new employer to shift, they quit without proper termination procedure, ( Just left). which is ethically is not correct. The left employee is not worried about, company's time on training, and recruitment process, replacement timings & training etc.,( If they have to buy notice period for new recruitment for replacement ??)
Again Department head is accepted the resignation letter for the purpose of recommending to HR to follow as per company policy only. Now adays employees are thinging SMART taking the xerox and showing to the new employer and some of the un ethical HR managers are accepting these kinds of letter, encouraging these kind of employees to get the job.
Being we are the professional, should follow things ethically and legally.
Some of the collegues are advising to ignore this letter simply. Which is really hurting, we don't have any value for the rules and regulations of the company. we should respect, ane follow as per the company norms and condition.
If anybody is not following, we should not encourage them to follow.
Note: Now days referrence chek procedure is taken very seriously, and employees are not following proper termination procedures may not be getting good job in professional organisations. ( Un eithical practice leads to un ethical company)
If any body got luckily, God has to save them.
If somebody is following un ethical practice, how come they can be a good employee of the current organisation.??
If some body is accepting un ethical practice, how come they can select the right candidate for the organisation?
From India, Bangalore
I understand the feelings of Jagan and I do appreciate the initiative of Jagan towards a new ethics which will help all HR professionals. But there is yet another side to the same coin. There are a lot of highly professionally managed firms which simply terminate employees without even following the basic laws in practice. The best example for this practice is the giant IT companies.
Yes, we have laws to protect employees and only "employees" are so protected. As such, if you want to terminate the services of an employee, you need to give him notice or pay notice pay, whereas,there is no law which makes it obligatory on the part of an employee to give notice of his leaving! Knowing this fact, why should we, the HRs, send legal notice to an employee who has left our establishment. Certainly, if we ask for the cost of training incurred, naturally, there is some logic in it. But asking for an amount calculated in such an impression that by employing the person who left the company had gained nothing but had incurred only costs and that costs should be borne only by that employee is ridiculous. That also, the management took seven long months to decide on it!
There are a lot of employers who promise many things but do nothing as promised. That is why employee leaves. My perception is that I will not allow any employee to continue if he feels unhappy with the organisation. I will relieve him at the earliest. This will be my stand if I feel unhappy with an employee also.
Regards,
Madhu.T.K
From India, Kannur
Yes, we have laws to protect employees and only "employees" are so protected. As such, if you want to terminate the services of an employee, you need to give him notice or pay notice pay, whereas,there is no law which makes it obligatory on the part of an employee to give notice of his leaving! Knowing this fact, why should we, the HRs, send legal notice to an employee who has left our establishment. Certainly, if we ask for the cost of training incurred, naturally, there is some logic in it. But asking for an amount calculated in such an impression that by employing the person who left the company had gained nothing but had incurred only costs and that costs should be borne only by that employee is ridiculous. That also, the management took seven long months to decide on it!
There are a lot of employers who promise many things but do nothing as promised. That is why employee leaves. My perception is that I will not allow any employee to continue if he feels unhappy with the organisation. I will relieve him at the earliest. This will be my stand if I feel unhappy with an employee also.
Regards,
Madhu.T.K
From India, Kannur
Dear Indra,
Please don't post any thing which identifies you. As it is matter of your previous employer's relation, you should justify that why you don't want to pay the notice period.
Jamal
From India, Nagpur
Please don't post any thing which identifies you. As it is matter of your previous employer's relation, you should justify that why you don't want to pay the notice period.
Jamal
From India, Nagpur
Dear Mr. Madhu.
Thanks for your view.
Just a different thought.
One of our HR guy only is advising the company to follow the procedure. Why these guys should advice the management wrongly . As per my experience, if you follow professionally , legally and ethically no employer say NO to any of the requests. If an employer is asking us to follow unethical things, we should educate the employer for right procedure.
If our HR guys are accepting the these kinds of unprofessional practices of accepting the letter without proper releaving procedure is leading to unprofessional workforce. Indirectly, we are all responsible for these kind of workforce culture.
I do agree on the targets and timeline importance in business. If we put our effort to get right candidate, we are builing the organisation. If you see, our Senior HR collegues, they followed the rules and regulations properly and had concern for human approach and build the organisation, society and economy. If you observe most of the retired employee, having good ethics and living happiliy compare to our current generation. Now a days, some of our HR guys without having proper knowledge, they destroy the orgnisation and how many short term companies are coming up. Employer is depending on good employees.
We should not look for immediate benefit and should have vision and look for long term benefits.
We as HR professional should discuss on good practices rather advising and encouraging employee to ignore the letter etc, or employer can do nothing. ( Indirectly, we are encouraging the employee to follow unethical practice) Let the affected person go and discuss with higher officials and express the facts and views, face the problem directly rather hiding himself.
Problem is always opportunity. face it and build the strength. Yes legally, no body can collect money from employee but atleast, based on the consideration, HR can help the employee by getting approval from management for exemption.
HR guys know the ways to help the employees, should use it for right cause.
From India, Bangalore
Thanks for your view.
Just a different thought.
One of our HR guy only is advising the company to follow the procedure. Why these guys should advice the management wrongly . As per my experience, if you follow professionally , legally and ethically no employer say NO to any of the requests. If an employer is asking us to follow unethical things, we should educate the employer for right procedure.
If our HR guys are accepting the these kinds of unprofessional practices of accepting the letter without proper releaving procedure is leading to unprofessional workforce. Indirectly, we are all responsible for these kind of workforce culture.
I do agree on the targets and timeline importance in business. If we put our effort to get right candidate, we are builing the organisation. If you see, our Senior HR collegues, they followed the rules and regulations properly and had concern for human approach and build the organisation, society and economy. If you observe most of the retired employee, having good ethics and living happiliy compare to our current generation. Now a days, some of our HR guys without having proper knowledge, they destroy the orgnisation and how many short term companies are coming up. Employer is depending on good employees.
We should not look for immediate benefit and should have vision and look for long term benefits.
We as HR professional should discuss on good practices rather advising and encouraging employee to ignore the letter etc, or employer can do nothing. ( Indirectly, we are encouraging the employee to follow unethical practice) Let the affected person go and discuss with higher officials and express the facts and views, face the problem directly rather hiding himself.
Problem is always opportunity. face it and build the strength. Yes legally, no body can collect money from employee but atleast, based on the consideration, HR can help the employee by getting approval from management for exemption.
HR guys know the ways to help the employees, should use it for right cause.
From India, Bangalore
Dear Vjagan,
I have gone through both our post. Its so good to read...but for a staff who has been harrassed by the employer these are just plain Corporate Diplomatic talks only. Sorry, but no offense intended.
The subject case on hand is of a employer who is not a ethical employer. who has send a leagl notice to mentally torture a candidate after a gap of 7 months. After being in slumber they have reliased that the "Notice Days", that's what I feel being recovered from concerned, needs to be receoved.
Our concern here is with the staff who is frightned and
disillusioned and that what most of the experts have done is guided him with various solutions.
I am sure the concern has already taken a concious decision, which is his own.
We are all here to guide, what we think is the best for the concern, that may or maynot be in the best practice.
Suggest you give your advice to the concern who is looking for an answer.
Hope I am making sense.
Regards,
ukmitra
From Saudi Arabia, Riyadh
I have gone through both our post. Its so good to read...but for a staff who has been harrassed by the employer these are just plain Corporate Diplomatic talks only. Sorry, but no offense intended.
The subject case on hand is of a employer who is not a ethical employer. who has send a leagl notice to mentally torture a candidate after a gap of 7 months. After being in slumber they have reliased that the "Notice Days", that's what I feel being recovered from concerned, needs to be receoved.
Our concern here is with the staff who is frightned and
disillusioned and that what most of the experts have done is guided him with various solutions.
I am sure the concern has already taken a concious decision, which is his own.
We are all here to guide, what we think is the best for the concern, that may or maynot be in the best practice.
Suggest you give your advice to the concern who is looking for an answer.
Hope I am making sense.
Regards,
ukmitra
From Saudi Arabia, Riyadh
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