Normally the employment contract will have termination clause, as per which the termination can be effected by employer with a notice or the salary equivalent for the notice period(usually basic+DA) for the notice period. On the ground of equity, this facility will also be available to employee signing on the other side of the contract.The terms signed and accepted are only binding on the parties to the contract and any changes will have to be put in writing and signed by both the parties to be effective.
I hope this answers the question raised.
JR Kumar
Faculty Director ,
FAPCCI, HYD.
From India, Hyderabad
4I hope this answers the question raised.
JR Kumar
Faculty Director ,
FAPCCI, HYD.
From India, Hyderabad
Dear Bhaskar,
I agree with the view points of Mr. M.V. Kannan.
To add further, Organization will have the justification for increasing the notice period purely on account of its business interest as always there will be a knowledge loss once a person is moved out. Though the vaccum can not be filled immediately with a new person, yet some knowledge can be transferred within such notice period. With this view in mind, certain organization has extended its notice period even as 90 days. However, allowing the individual to serve full notice period is totally rests with the position and responsibility the individual has been holding coupled with the sincerity of that person towards the organization. In contradiction to this, there is a belief (not in all cases) that once the person is resigned the 'loyalty'/ 'sincerity' towards the organization + the output gets diminished and the individual starts flashing sorts of negativity towards the organization among colleagues. Therefore, majority of the corporates, in the current scenario, believe in relieving the resigned employee immediately by waiving off the notice period, if they feel that there wouldn't be much value addition by holding such outgoing person.
Further, certain organization (owner dominated) has the tendency to hold people for one reason or the other only to harass the outgoing person.
All the above 3 scenario are of pro-organization and as such, I would also suggest you to speak to your HR and request for waiver on account of your marriage, which, I am sure, will be acceded to. However, as suggested by Mr. Kannan, you may pay the notice if you have ample money. (Any way you are going to spend money on your marriage!).
All the best,
From India, Jaipur
I agree with the view points of Mr. M.V. Kannan.
To add further, Organization will have the justification for increasing the notice period purely on account of its business interest as always there will be a knowledge loss once a person is moved out. Though the vaccum can not be filled immediately with a new person, yet some knowledge can be transferred within such notice period. With this view in mind, certain organization has extended its notice period even as 90 days. However, allowing the individual to serve full notice period is totally rests with the position and responsibility the individual has been holding coupled with the sincerity of that person towards the organization. In contradiction to this, there is a belief (not in all cases) that once the person is resigned the 'loyalty'/ 'sincerity' towards the organization + the output gets diminished and the individual starts flashing sorts of negativity towards the organization among colleagues. Therefore, majority of the corporates, in the current scenario, believe in relieving the resigned employee immediately by waiving off the notice period, if they feel that there wouldn't be much value addition by holding such outgoing person.
Further, certain organization (owner dominated) has the tendency to hold people for one reason or the other only to harass the outgoing person.
All the above 3 scenario are of pro-organization and as such, I would also suggest you to speak to your HR and request for waiver on account of your marriage, which, I am sure, will be acceded to. However, as suggested by Mr. Kannan, you may pay the notice if you have ample money. (Any way you are going to spend money on your marriage!).
All the best,
From India, Jaipur
Dear Baskar,
I think whatever is in your letter of contract/appointment remains valid but as for the change in policy i think its important you seek clarification from your boss inorder to avoid unnecessary conflicts.
what is important here is ammicable understanding on the issue. what is applicable is that when a policy is changed it takes effect immediately but i hope it wasnt changed inorder to trap you in.
Rgds,
AAA
From Kenya
I think whatever is in your letter of contract/appointment remains valid but as for the change in policy i think its important you seek clarification from your boss inorder to avoid unnecessary conflicts.
what is important here is ammicable understanding on the issue. what is applicable is that when a policy is changed it takes effect immediately but i hope it wasnt changed inorder to trap you in.
Rgds,
AAA
From Kenya
Hi 2 All,
Actually i joined as HR in Software Solution.I would like to improve our organization development.So I selected one best website for Guide is CITEHR team......:)
I Hope it will be useful to me in future.First of al I want to know the terms and condition of the basic sense in HR designation and also i need some letter format for our employees......)
I'm awaiting for your valuable reply:-)
From India, Madras
Actually i joined as HR in Software Solution.I would like to improve our organization development.So I selected one best website for Guide is CITEHR team......:)
I Hope it will be useful to me in future.First of al I want to know the terms and condition of the basic sense in HR designation and also i need some letter format for our employees......)
I'm awaiting for your valuable reply:-)
From India, Madras
Well Said Kannan!
The notice period is a time to find a right candidate and train him or her
moreover the resignation and other issues should be talked across the table for betterment of both the parties
i do not think the HRs are so harsh and blind on policies
i think most of us do the real search on truth in the issue and decide
i faced the same and the HR team was excellent in closing the issue and i did extend my notice period for two weeks amicably
Bhaskar
Speak to the people concern
From India, Madras
The notice period is a time to find a right candidate and train him or her
moreover the resignation and other issues should be talked across the table for betterment of both the parties
i do not think the HRs are so harsh and blind on policies
i think most of us do the real search on truth in the issue and decide
i faced the same and the HR team was excellent in closing the issue and i did extend my notice period for two weeks amicably
Bhaskar
Speak to the people concern
From India, Madras
Dear Bhaskar, Check your notice period mentioned in your appointment letter. whatever is mention there, you have to serve that. Bandita Speak to the people concern
From India, Mumbai
From India, Mumbai
Hi Bhaskar,
Company can change the policy at any time. However notice period is part of the appointment order and it should be agreed by both the parties. In your case you have submitted your resignation letter before the declaration of new policy, so i belive it will not be applicable to you. anyway u can check with your boss as they may be thinking something else.
Regards,
navin
From Qatar
Company can change the policy at any time. However notice period is part of the appointment order and it should be agreed by both the parties. In your case you have submitted your resignation letter before the declaration of new policy, so i belive it will not be applicable to you. anyway u can check with your boss as they may be thinking something else.
Regards,
navin
From Qatar
Dear essykkr
I agree with your "analytical" reply; and the fact that you have raised several pertinent questions.
Although several Labour acts do not apply to executives/managers; it stands to reason if a "universal" policy such as notice period is being changed; then it must be so for the whole set of employees !!
Consequently, there is a need for "Notice of Change" or the circulation of such policy among the employees.
An organization, can not do so OVERNIGHT; especially when someone has given a notice of resignation.
The only valid conclusion that can be drawn is - the company has acted upon the receipt of resignation; and the enhancement of notice period is an "after-thought" and done without any bona-fide intentions.
A company can be-fool its employees for some time, but it can not fool the world. It only shows the true nature and policy of the company.
Warm regards.
From India, Delhi
I agree with your "analytical" reply; and the fact that you have raised several pertinent questions.
Although several Labour acts do not apply to executives/managers; it stands to reason if a "universal" policy such as notice period is being changed; then it must be so for the whole set of employees !!
Consequently, there is a need for "Notice of Change" or the circulation of such policy among the employees.
An organization, can not do so OVERNIGHT; especially when someone has given a notice of resignation.
The only valid conclusion that can be drawn is - the company has acted upon the receipt of resignation; and the enhancement of notice period is an "after-thought" and done without any bona-fide intentions.
A company can be-fool its employees for some time, but it can not fool the world. It only shows the true nature and policy of the company.
Warm regards.
From India, Delhi
Dear Bhaskar,
Wedding is one of the most important and precious phase of life... Preferable one should not jump jobs at this point of time... But i am sure you might have planned out something..
Yeah, its true that the 60 day clause is applicable to you as well.. And as said above by Respected M.V. Kannan concurrence of each employee is not possible in the office.. And in 99% OFFER LETTERS the Clause ""Management has right to change the rules without any prior notification" is always mentioned... So fighting back may not really work... And at the same time some1 above has also mentioned that a grace period is always maintained for every plan.. So its advisable that you talk to your boss,... Since its an issue of wedding, which is very genuine 1... I am sure your boss and the H.R Team would work it out for u...
There is always a way to put across your words... choose the right 1... because out of court is the only way out for you... Or the other way is to serve notice for 30 days and then pay for the rest 30 days.. but with the Fundamental of GRACE PERIOD,... First you can try to convince, negotiate and then finally opt to pay for the rest 30 days... because paying back to the company does not really make sense to me...
Wish you luck for this issue and may you have a happy married life..
Regards,
Rahul Salvi
From India, Mumbai
Wedding is one of the most important and precious phase of life... Preferable one should not jump jobs at this point of time... But i am sure you might have planned out something..
Yeah, its true that the 60 day clause is applicable to you as well.. And as said above by Respected M.V. Kannan concurrence of each employee is not possible in the office.. And in 99% OFFER LETTERS the Clause ""Management has right to change the rules without any prior notification" is always mentioned... So fighting back may not really work... And at the same time some1 above has also mentioned that a grace period is always maintained for every plan.. So its advisable that you talk to your boss,... Since its an issue of wedding, which is very genuine 1... I am sure your boss and the H.R Team would work it out for u...
There is always a way to put across your words... choose the right 1... because out of court is the only way out for you... Or the other way is to serve notice for 30 days and then pay for the rest 30 days.. but with the Fundamental of GRACE PERIOD,... First you can try to convince, negotiate and then finally opt to pay for the rest 30 days... because paying back to the company does not really make sense to me...
Wish you luck for this issue and may you have a happy married life..
Regards,
Rahul Salvi
From India, Mumbai
Dear All,
Please note that views are not expressed just considering the law of the land but also considering the career prospects of members.
While we assess candidates we observe some candidates are unable to produce a relieving letter from some of his former employers. Then it gives us a signal that he has quit without a proper notice period.
You will appreciate no employer will keep an unwilling employee. In fact you will observe that the HR department responds to resignations in varied manner.
1. Company accepts the resignation immediately and relieves him from employment.
2. Company is willing to adjust his leave balances for the notice period.
3. Company insists that the employee serves the full notice period.
4. Company is unwilling to relieve the employee and requests him to reconsider his decision.
Consider all situations cited above.
Situation 1 : The company was waiting for him to resign. May be he was not performing well.
Situation 2 : The company has an employee to take up his role and the employee only needs to do some briefing of jobs done by him.
Situation 3 : The company is yet to locate an employee.
Situation 4 : The company is impressed with his performance and is willing to offer him a good career.
I also wish to add that you will come across professional organisations doing background checks with past employers either personally or telephonically and if the relationship with the employer is estranged then the employee might lose a prospective employment.
In my humble opinion "LAW MAKERS SHOULD NOT BE LAW BREAKERS"
Trust members will see logic in my statement.
M.V.KANNAN
From India, Madras
Please note that views are not expressed just considering the law of the land but also considering the career prospects of members.
While we assess candidates we observe some candidates are unable to produce a relieving letter from some of his former employers. Then it gives us a signal that he has quit without a proper notice period.
You will appreciate no employer will keep an unwilling employee. In fact you will observe that the HR department responds to resignations in varied manner.
1. Company accepts the resignation immediately and relieves him from employment.
2. Company is willing to adjust his leave balances for the notice period.
3. Company insists that the employee serves the full notice period.
4. Company is unwilling to relieve the employee and requests him to reconsider his decision.
Consider all situations cited above.
Situation 1 : The company was waiting for him to resign. May be he was not performing well.
Situation 2 : The company has an employee to take up his role and the employee only needs to do some briefing of jobs done by him.
Situation 3 : The company is yet to locate an employee.
Situation 4 : The company is impressed with his performance and is willing to offer him a good career.
I also wish to add that you will come across professional organisations doing background checks with past employers either personally or telephonically and if the relationship with the employer is estranged then the employee might lose a prospective employment.
In my humble opinion "LAW MAKERS SHOULD NOT BE LAW BREAKERS"
Trust members will see logic in my statement.
M.V.KANNAN
From India, Madras
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