Mr. Vaibhav,
Unless the notice period is formally approved by the competent authority in writing, mere approval for early relief from the post does not denote a waiver of the notice period pay. You have the liability to pay the notice period pay, which you cannot escape as per the terms of the appointment. Your assumption is correct that if a person is not able to pay, it means he could not do so. Rules and conditions are sacrosanct. There is no alternative except to get approval for a waiver of the notice period. Otherwise, pay the notice period or serve the due notice and work for the whole period of notice.
From India, Delhi
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422Unless the notice period is formally approved by the competent authority in writing, mere approval for early relief from the post does not denote a waiver of the notice period pay. You have the liability to pay the notice period pay, which you cannot escape as per the terms of the appointment. Your assumption is correct that if a person is not able to pay, it means he could not do so. Rules and conditions are sacrosanct. There is no alternative except to get approval for a waiver of the notice period. Otherwise, pay the notice period or serve the due notice and work for the whole period of notice.
From India, Delhi
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So far as your question, "can I go with legal," is concerned, definitely, you can go legal, provided you have ample money, time, and energy to face the rigour of the court case. But don't forget one thing, the company will pay all expenses and use the time of the ablest lawyer to fight the case and would also be eligible to claim expenses of the case from you if it wins the case, while you will have to waste your own money, time, and energy. Despite that, you are not merely likely but definitely would lose the case due to a violation of the terms and conditions of appointment. Your boss cannot be considered competent to waive off the conditions of your employment and termination/resignation.
From India, Delhi
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From India, Delhi
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In continuation of the above topic, if a company has clearly mentioned in the appointment letter that the notice period is one month, and during the appraisal, it provides in writing, along with the increment letter, that the notice period has been increased to three months, can this be challenged in court even if I accept the increment letter with the changed clause? My appointment letter only mentions one month.
Thanks,
Moushumi
From India, Mumbai
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Thanks,
Moushumi
From India, Mumbai
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If you have accepted the increment letter that says notice period is increased to 3 months, then the new notice period will apply. Your appointment letter terms no longer apply.
From India, Mumbai
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From India, Mumbai
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I was unrated on company. I didnt got appraisal due to.partiality , due to this I have resigned from services.
From India, undefined
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From India, undefined
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Mr. Vaibahav, Rated or unrated on company, that has no relrvance to the T&C of employment, if you have resigned from service. Unrated employee is not exempted from paying the notice period pay.
From India, Delhi
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From India, Delhi
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Dear Moushumi,
The management seems to have played a trick with the employees very cleverly by including a term of notice period along with the letter of increment. If the increment is not subject to any condition of your appointment, the condition of the notice period cannot have any relevance for inclusion in the increment letter. That is bad in law. Moreover, the notice period is not a condition to be changed individually for the employees at different times through their increment letters. That should have been circulated separately, that too after consultation with the staff union, if your company has one, as per the conditions of the Certified Standing Orders.
However, there is one remedy to that trick. You may accept the increment letter with objection, clearly noting on the other copy that you accept the letter with objection that you do not agree with the proposed change of the original appointment condition about the notice period. That can help you legally also, even if, by chance, you feel the need to approach the labor office or the court.
But even after that, you must consult in person with some service laws expert and get the T&C of your appointment and the increment letter to have definite guidelines to save your interest by wisely avoiding the trap laid by the employer.
From India, Delhi
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The management seems to have played a trick with the employees very cleverly by including a term of notice period along with the letter of increment. If the increment is not subject to any condition of your appointment, the condition of the notice period cannot have any relevance for inclusion in the increment letter. That is bad in law. Moreover, the notice period is not a condition to be changed individually for the employees at different times through their increment letters. That should have been circulated separately, that too after consultation with the staff union, if your company has one, as per the conditions of the Certified Standing Orders.
However, there is one remedy to that trick. You may accept the increment letter with objection, clearly noting on the other copy that you accept the letter with objection that you do not agree with the proposed change of the original appointment condition about the notice period. That can help you legally also, even if, by chance, you feel the need to approach the labor office or the court.
But even after that, you must consult in person with some service laws expert and get the T&C of your appointment and the increment letter to have definite guidelines to save your interest by wisely avoiding the trap laid by the employer.
From India, Delhi
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Mr. Dhingra has rightly advised that the service condition can be changed under section 9A of the ID Act only. Mere stating, adding, or altering a new clause won't make it valid. However, for the purpose of better legal remedy, consult a lawyer with both your appointment and increment letter.
From India, Kolkata
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From India, Kolkata
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Actually, the reason behind my resignation is only increment and appraisal. They neither gave me an increment nor provided a suitable location, so I have to resign. What should I do to get relieving and settlement?
From India, undefined
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From India, undefined
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Dear Vaibhav,
I think your hard feelings about the poor/bad performance appraisal compel you to refuse to understand the practical implications involved in a legal tussle against your employer as suggested by the learned members Saswat and Dhingra. I don't think any lawyer, in particular, anyone well-versed in service matters, can give you better advice than these brilliant and experienced professionals.
In fact, and according to you as well, no doubt, you may be an efficient employee. But your performance appraisal is based on the recommendation of your immediate superior and the assessment of the reviewing authority. Perceptions always differ. The alleged oral approval of your boss can also be interpreted as his nod to get rid of a low performer. Performance, being a continuous process, need not be the same all the time - there may be ups and downs, but what would matter most in appraisal is its consistency. Instead of finding fault with their present assessment and trying to quit the job on this score despite your financial difficulty, you can make a self-introspection, stay put, and try to better your performance. Otherwise, exhaust the notice period and then quit with proper exit documents facilitating your future career.
From India, Salem
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I think your hard feelings about the poor/bad performance appraisal compel you to refuse to understand the practical implications involved in a legal tussle against your employer as suggested by the learned members Saswat and Dhingra. I don't think any lawyer, in particular, anyone well-versed in service matters, can give you better advice than these brilliant and experienced professionals.
In fact, and according to you as well, no doubt, you may be an efficient employee. But your performance appraisal is based on the recommendation of your immediate superior and the assessment of the reviewing authority. Perceptions always differ. The alleged oral approval of your boss can also be interpreted as his nod to get rid of a low performer. Performance, being a continuous process, need not be the same all the time - there may be ups and downs, but what would matter most in appraisal is its consistency. Instead of finding fault with their present assessment and trying to quit the job on this score despite your financial difficulty, you can make a self-introspection, stay put, and try to better your performance. Otherwise, exhaust the notice period and then quit with proper exit documents facilitating your future career.
From India, Salem
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