For your integrity's sake, you need to pay for the 78 days notice period. I don't think your HODs agreement with you on your notice period serves to replace the statutory requirement from the company. Remember, the notice period is supposed to be a period when the company readjusts, and possibly find a replacement for the resigning staff. Although i feel 90 days is unrealistic, it really does take time, energy and money to find replacements. This is why you are made to pay for that inconvenience.
As someone suggested, you could have used your leave days as notice period.
As someone suggested, you could have used your leave days as notice period.
Dear Madame,
I am from RSA and whilst i'm not familiar with Indian labour laws at all, coming from an era of injustice to human dignity i cannot ignore that such is evident in your case.
I consider that both your management and HR were aware about your personal circumstance and that as HR they take as acceptable the management(manager) decision.
Further to lament on 78 days salary could be nothing more than to reduce or decrease your final payout...?
Laws aside, taking the known facts and circumstances and your amiable exit from this company i find it atrocious that they don't consider your plight and would even dare to "kick" a person whose already down!
Fact that this happens to be a trend is more than a crying shame!
My only hope is that some professional members are able to rally support and stand up for you and others facing these circumstances. Let it be a reference in the labour court books as referral for future case decisions and as constant awareness by employers that people are their assets and Human Rights apply to ALL - not just persons waving their clout as an Employer or senior representatives thereof!
Bon courage!
Vitesh Ramphal
From South Africa, Pretoria
I am from RSA and whilst i'm not familiar with Indian labour laws at all, coming from an era of injustice to human dignity i cannot ignore that such is evident in your case.
I consider that both your management and HR were aware about your personal circumstance and that as HR they take as acceptable the management(manager) decision.
Further to lament on 78 days salary could be nothing more than to reduce or decrease your final payout...?
Laws aside, taking the known facts and circumstances and your amiable exit from this company i find it atrocious that they don't consider your plight and would even dare to "kick" a person whose already down!
Fact that this happens to be a trend is more than a crying shame!
My only hope is that some professional members are able to rally support and stand up for you and others facing these circumstances. Let it be a reference in the labour court books as referral for future case decisions and as constant awareness by employers that people are their assets and Human Rights apply to ALL - not just persons waving their clout as an Employer or senior representatives thereof!
Bon courage!
Vitesh Ramphal
From South Africa, Pretoria
Many companies these days has ombudsperson. Now the role of this ombudsperson is to keep an eye on unjust happening on the employees and to stop it. These ombuds people are not HR and their actions are based on the company's policies and to help the employees in every possible way. Your Manager can just give the No Objection to the HR to relieve you before completion of the notice period from the project however he doesnt reserves any right to relieve you from the company. Relieving from the company is purely an HR work. When your manager relieves you from the project before the completion of the notice period the HR can make you come to office and sit idle as long as you are serving notice period. But in this case your Manager and HR had already given you no objection and you have evidence to prove it. It matters when your notice period was cancelled before you join the present company or on the last day/during the tenure of your employment with your past company. Check if your company has ombudsperson.
If they have rejected your resignation before your last working day then you may be in trouble. I am not sure if NOC from your HR will serve it as a strong document to fight against it.. NOC actually serves as resignation acceptance and it shouldnt contain any conditions apply in it.
At this point if you feel that you are financially down, dont take any action against them. Straight reply to the HR mail that you have the NOC mails which is strong enough to prove your words and you wont mind dragging them to the court for mental torture and Personal Harassment in the work place. Once you are financially stable check with your lawyer how you can bug them royally.
From India
If they have rejected your resignation before your last working day then you may be in trouble. I am not sure if NOC from your HR will serve it as a strong document to fight against it.. NOC actually serves as resignation acceptance and it shouldnt contain any conditions apply in it.
At this point if you feel that you are financially down, dont take any action against them. Straight reply to the HR mail that you have the NOC mails which is strong enough to prove your words and you wont mind dragging them to the court for mental torture and Personal Harassment in the work place. Once you are financially stable check with your lawyer how you can bug them royally.
From India
Hi All
I keep having similar problems at my end. It all depends on the contract of employment (as given in the appointment letter) and the wordings you use in the resignation.
If you state " you are resigning and to be relieved on completion of the notice period" then it is the prerogative of the Company to either keep you or relieve you before the completion of the notice period. On the other hand, if you say you are resigning and want to be relieved immediately, the Company can take it to their advantage and relieve you immediately and may waive of the demand for payment for notice period or relieve you with our asking for any payment.
Either way this is a debatable issue and according to the legal experts cannot stand scrutiny of the Labour Court (but after a lengthy legal battle) So the best way is to be clear in what you state in your resignation letter. Ofcourse, we also adjust balance PL to the short noticve period, if required.
m seshadri
From India, New Delhi
5I keep having similar problems at my end. It all depends on the contract of employment (as given in the appointment letter) and the wordings you use in the resignation.
If you state " you are resigning and to be relieved on completion of the notice period" then it is the prerogative of the Company to either keep you or relieve you before the completion of the notice period. On the other hand, if you say you are resigning and want to be relieved immediately, the Company can take it to their advantage and relieve you immediately and may waive of the demand for payment for notice period or relieve you with our asking for any payment.
Either way this is a debatable issue and according to the legal experts cannot stand scrutiny of the Labour Court (but after a lengthy legal battle) So the best way is to be clear in what you state in your resignation letter. Ofcourse, we also adjust balance PL to the short noticve period, if required.
m seshadri
From India, New Delhi
I think the HR departrment is doing their duty and you can not held them responsible for the company policy. The HOD can recommend and forward it to the HR department and the final decision/waiver has to be made by the management(Director/CEO of the company). In your case you may send a request to your Director/CEO for waiver even now stating the comment of your HOD. Be positive..you will get through. Of all if they sue legally, you have a strong defence...
From India, Madras
From India, Madras
If we analyse the situation, we would get the bottom of the issue.
a) Employee knows that he has to give 90 days notice but requesting for waiver of notice period because of poor financial condition is not convincing.
b) Department head has only recommeded for waiver. So he is not the ultimate authority. He should have guided the employee to contact HR department to know the staus of notice period.
c) When the company is willing to pay the employee whether there is sufficient work is there or not, why the employee is in a hurry to quit?
d) Before getting the clear picture about the notice period in writing, employee has left the organisation in a hurry. It looks the employee has not interacted much with HR but he has gone by what his department head said.
f) Understand that HR has to implement the rules and regulations impartially and they can't deviate on their own. Normally, HR can't take the decision on notice period. It is the appointing authority who takes.
I am not sure in your case who is the ultimate authority.
Having said all the above, my sincere advise is write to HR department explaining your situation and request them to waive of the notice period as a special case. If this is not working write to the higher-ups in the management who can take decision.
But one important lesson is before taking decisions like this, think twice to know the pros and cons.
Bhavan
From India, Bangalore
a) Employee knows that he has to give 90 days notice but requesting for waiver of notice period because of poor financial condition is not convincing.
b) Department head has only recommeded for waiver. So he is not the ultimate authority. He should have guided the employee to contact HR department to know the staus of notice period.
c) When the company is willing to pay the employee whether there is sufficient work is there or not, why the employee is in a hurry to quit?
d) Before getting the clear picture about the notice period in writing, employee has left the organisation in a hurry. It looks the employee has not interacted much with HR but he has gone by what his department head said.
f) Understand that HR has to implement the rules and regulations impartially and they can't deviate on their own. Normally, HR can't take the decision on notice period. It is the appointing authority who takes.
I am not sure in your case who is the ultimate authority.
Having said all the above, my sincere advise is write to HR department explaining your situation and request them to waive of the notice period as a special case. If this is not working write to the higher-ups in the management who can take decision.
But one important lesson is before taking decisions like this, think twice to know the pros and cons.
Bhavan
From India, Bangalore
I think I agree completely with Bhavan , as many times we tend to forget all the possible outcomes and make sure that we take a safe decision so that you dont regret it or get into trouble. Also whenever you talk to someone, make sure that you have it documented. This is a great lesson for everyone of us, to think before committing on to something. specially when you are in the corporate world where the emotions or the feelings of someone is not considered, accoring to them ,polices are polices and no one can break them, unless any exception exists.
Tip to Nitasha: If you have the ability to present your situation as a special case and reach out the top most people, you might get a one time exception in this..... Do keep us updated ..... Thanks !
From India, Bangalore
Tip to Nitasha: If you have the ability to present your situation as a special case and reach out the top most people, you might get a one time exception in this..... Do keep us updated ..... Thanks !
From India, Bangalore
I need a sample letter requesting to waive off notice period due to mother's illness. Iam working abroad so my mother needs my presence. so want to leave my company immediately. normal notice period of my company is 3 months. so i want to reduce it at 15 days or 1 month. so i need a sample letter explaing these matter.
thanks
vmlkrishna
From United Arab Emirates, Dubai
thanks
vmlkrishna
From United Arab Emirates, Dubai
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I need a sample letter requesting to waive off notice period due to mother's illness. Iam working abroad so my mother needs my presence. so want to leave my company immediately. normal notice period of my company is 3 months. so i want to reduce it at 15 days or 1 month. so i need a sample letter explaing these matter.
thanks
From United Arab Emirates, Dubai
I need a sample letter requesting to waive off notice period due to mother's illness. Iam working abroad so my mother needs my presence. so want to leave my company immediately. normal notice period of my company is 3 months. so i want to reduce it at 15 days or 1 month. so i need a sample letter explaing these matter.
thanks
From United Arab Emirates, Dubai
Please consider the following POA:
1. Send a mail or letter to the HR clearly stating that at the time of resigning, you had discussed your exit from the Co. with your HOD and he had agreed that you would be relieved earlier and that you would not have to serve out the prescribed Notice Period.
That you had accordingly resigned from the services of the Co. giving 12 days' Notice.
That your HOD had also endoresed the same and had informed the HR that he had no objection to the 12 days' notice and that he had also reccommended that the balance Notive Period (78 days) may be waived of.
That you are in no position to pay to the Co. 78 days' salary in lieu of the shortfall in the notice period and as had beeN assured by your HOD, the same may be waived of.
It is improtant to understand that your HR never advised you that you the 12 days' notice given by you was not acceptable to them and that you should either serve out the complete notice of three months failing which yoiu would be required to pay to the Co. salary in lieu of the shortfall in the notice period.
HR should have communicated this in the Resignation Acceptance Letter. On the face of it, it seems that this did not happen.
That the HR is being unduly unfair is evident from the fact that they are bringing this matter up at the time of Full & Final Settlement.
You should submit a written request along the lines I have suggested above and I am sure someone amongst the higher up will surely listen to you.
Best Wishes,
vasant Nair
From India, Mumbai
1. Send a mail or letter to the HR clearly stating that at the time of resigning, you had discussed your exit from the Co. with your HOD and he had agreed that you would be relieved earlier and that you would not have to serve out the prescribed Notice Period.
That you had accordingly resigned from the services of the Co. giving 12 days' Notice.
That your HOD had also endoresed the same and had informed the HR that he had no objection to the 12 days' notice and that he had also reccommended that the balance Notive Period (78 days) may be waived of.
That you are in no position to pay to the Co. 78 days' salary in lieu of the shortfall in the notice period and as had beeN assured by your HOD, the same may be waived of.
It is improtant to understand that your HR never advised you that you the 12 days' notice given by you was not acceptable to them and that you should either serve out the complete notice of three months failing which yoiu would be required to pay to the Co. salary in lieu of the shortfall in the notice period.
HR should have communicated this in the Resignation Acceptance Letter. On the face of it, it seems that this did not happen.
That the HR is being unduly unfair is evident from the fact that they are bringing this matter up at the time of Full & Final Settlement.
You should submit a written request along the lines I have suggested above and I am sure someone amongst the higher up will surely listen to you.
Best Wishes,
vasant Nair
From India, Mumbai
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