Sir, My son is working in a IT firm for the last three and half years. Due to immense work pressure poor work-life balance,he has submitted 3 months notice for resigning from the firm through E-Mail. As per term and condition of the firms appointment letter it is specifically mentioned that for the termination of employment both the party has to give 3 months notice or salary in lieu of the notice period. After 15 days from the date of serving notice, the HR manager asking my son orally to pay a huge amount and get clearance(NOC) from various department so that he will be relieved. My son has informed that when he is willing to work for the remaining notice period why should he pay the amount. he has also informed the HR manager that to give a written letter duly quoting the clause under which the admin. wants to terminate his service and if at all they want to terminate his service before the notice period, the firm has to pay the salary for the remaining period. Please advice.
Rangachari.
From India, Chennai
Rangachari.
From India, Chennai
Dear Rangachari,
what is the designation and work profile of your son? If the conditions of appointment letter is not as per Employment Law then it is void. You can discuss the problem at 9971589511, Email:
Thanks & Regards
Sanjeev Kumar Baliyan
Advocate & Consultant
(Labour & Employment Law)
From India, Pune
6what is the designation and work profile of your son? If the conditions of appointment letter is not as per Employment Law then it is void. You can discuss the problem at 9971589511, Email:
Thanks & Regards
Sanjeev Kumar Baliyan
Advocate & Consultant
(Labour & Employment Law)
From India, Pune
Ideally, A notice of two/three calendar months is required by either side for discontinuing the service or payment of two/three months salary, as applicable, in lieu of Notice. No reason is assigned for such termination of service.If would be incorrect if the company is demanding money. Either your son should be fulfilling the the said clause or your company. If the company insists, your son may be relived immediately, but in such cases, the company can't claim the payment of notice period salary. Make sure, your does not acts on decisions orally imposed on him.
From India, Mumbai
From India, Mumbai
Thanks for your kind responses. My son is working as programmer. His work profile is Android Developer. The clause of the agreement signed on appointment reads as follows. " Either party may terminate the employment by giving three months notice or salary in lieu thereof". It was my son who has given 3 months notice due to the prevailing poor work-life balance in the firm. Fifteen days after giving notice, though my son is willing to complete the notice period, the HR is pressurizing him by orally instructing to surrender his ID card and not to turn up for work without relieving him properly by mail/letter so that they can claim that he has absented himself for the remaining notice period.and thereby extort money. Further, I want to know whether the firm can transfer my son during the notice period.
Gratefully yours,
Rangachari.
From India, Chennai
Gratefully yours,
Rangachari.
From India, Chennai
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