Hi frnds
I hv enquiry regarding notice period. I resigned from my company today coz of many reasons mainly coz of employeer harsment. Now they are asking me to serve notice period of one month without any compensation.
But I come to know that through my other friends that there is no notice period without compensation.
So,please help me to know the law or details regarding the notice period or above said.
From India, Kolkata
I hv enquiry regarding notice period. I resigned from my company today coz of many reasons mainly coz of employeer harsment. Now they are asking me to serve notice period of one month without any compensation.
But I come to know that through my other friends that there is no notice period without compensation.
So,please help me to know the law or details regarding the notice period or above said.
From India, Kolkata
It would be advisable to read your appointment letter once again.
Notice period requirements would be specified in the letter.
Put up your resignation with notice as laid down in appointment order-in writing and obtain acknowledgment of HR or immediate superior through whom you may have to route your resignation letter.
There is no notice period without pay.
You work you get pay simple as that.
Have you ever documented harassment faced and what nature of harassment?
From India, Pune
3131Notice period requirements would be specified in the letter.
Put up your resignation with notice as laid down in appointment order-in writing and obtain acknowledgment of HR or immediate superior through whom you may have to route your resignation letter.
There is no notice period without pay.
You work you get pay simple as that.
Have you ever documented harassment faced and what nature of harassment?
From India, Pune
Thanks for your reply. Actually my boss is spreading wrong rumours about me and him to my colleague. I even have the proof of that. i have the recording. I dont want to serve the notice period but he is pressurised me to serve the notice period otherwise he will take legal action against me. Please advice
From India, Kolkata
From India, Kolkata
This angle of rumours takes the whole matter in different direction.
If you have served the notice period,the employer has no choice but to pay you.
There is no legal action he can take against you from what I can make out,rather he can be in problem if you complain about harassment.
From India, Pune
If you have served the notice period,the employer has no choice but to pay you.
There is no legal action he can take against you from what I can make out,rather he can be in problem if you complain about harassment.
From India, Pune
Hello Aamrita Gupta,
Like Nathrao mentioned, the rumours issue can be handled @ your end--you don't need to be afraid OR get pressurized.
You mentioned '....they are asking me to serve notice period of one month without any compensation'--who is "they"? Your boss or the HR?
And is this in writing OR was it just verbal? If it's only verbal, insist to give that in-writing. Most likely, they may refuse.....in which case, YOU send a formal mail that you have been given to understand that the salary is paid during Notice Period also. Forget whether 'they' reply or not. Pl remember you are just building-up the case for evidence, IF needed later.
Coming to your boss, inform him 'subtly' that your parents are taking it seriously & are insisting to lodge a Police Complaint for sexual harassment @ the workplace--but YOU are hesitating. I am sure he will get the message. You may also say this to the HR, in case you don't wish to see this guy's face. HR is sure to update him.
And IN CASE you are given an option to leave immediately [without serving any NP], suggest prefer that--BUT WITH all your Relieving Docs [Relieving Letter, Experience Letter, etc]. If they act funny to avoid giving you the Docs, they are only digging a deeper hole to sink into.
All the Best.
Rgds,
TS
From India, Hyderabad
Like Nathrao mentioned, the rumours issue can be handled @ your end--you don't need to be afraid OR get pressurized.
You mentioned '....they are asking me to serve notice period of one month without any compensation'--who is "they"? Your boss or the HR?
And is this in writing OR was it just verbal? If it's only verbal, insist to give that in-writing. Most likely, they may refuse.....in which case, YOU send a formal mail that you have been given to understand that the salary is paid during Notice Period also. Forget whether 'they' reply or not. Pl remember you are just building-up the case for evidence, IF needed later.
Coming to your boss, inform him 'subtly' that your parents are taking it seriously & are insisting to lodge a Police Complaint for sexual harassment @ the workplace--but YOU are hesitating. I am sure he will get the message. You may also say this to the HR, in case you don't wish to see this guy's face. HR is sure to update him.
And IN CASE you are given an option to leave immediately [without serving any NP], suggest prefer that--BUT WITH all your Relieving Docs [Relieving Letter, Experience Letter, etc]. If they act funny to avoid giving you the Docs, they are only digging a deeper hole to sink into.
All the Best.
Rgds,
TS
From India, Hyderabad
Thanks all for your reply.yesterday I had send the mail regarding my notice period compensation to my boss , but enstead of replying on compensation issue, he replied that now u r terminated from the office for your harassing the office people as also in liu of corporate insult made on Saturday with the recorded version which is proved null and void yesterday (Monday).these replies had been made by my boss after accepting my resignation. And he also told me that u have created mess in the office premises (that is being supported yesterday by the other office a part from us in front of lawer).so we don't have any control over any stuff now as we have already filed the case from new Delhi and also in the court in here.
So this was the reply of my boss when I asked in the same mail of my resignation and his acceptance about the compensation of notice period.
This company is a very small company where I and my boss was only the part of this organisation. So there is no hr.
Now what should I do in this case coz I am alone in this city with small earning for my expenses I m really tens.
From India, Kolkata
So this was the reply of my boss when I asked in the same mail of my resignation and his acceptance about the compensation of notice period.
This company is a very small company where I and my boss was only the part of this organisation. So there is no hr.
Now what should I do in this case coz I am alone in this city with small earning for my expenses I m really tens.
From India, Kolkata
Friend , no one can force you to work without compensation. There may be statutes (subject to enquiry) regarding notice period in your appointment letter. Get the details validated by a dependable lawyer and
then proceed accordingly.
From India, Bangalore
then proceed accordingly.
From India, Bangalore
Dear Friend,
Kindly refer to your appointment letter. Especially pertaining to Resignation/Termination clause.
Please mention here clause wordings in the same. Then only I can give u concrete revert.
Rgds
From India, Mumbai
Kindly refer to your appointment letter. Especially pertaining to Resignation/Termination clause.
Please mention here clause wordings in the same. Then only I can give u concrete revert.
Rgds
From India, Mumbai
No company can ask you to work without compensation.
Termination is to follow due process.
There is nothing like You are terminated from today.
But our situation is far from ideal and inspite of laid down laws,employers find ways to circumvent,deny,delay worker entitlements.
Now if you have the ability and funds and willingness take it up legally.
Legal systems are slow and very procedure oriented and people are scared to get caught in legal battles.
So you have to take a call.
The other angle which is of harassment.
Personally I would leave and not take up legal battles.
From India, Pune
Termination is to follow due process.
There is nothing like You are terminated from today.
But our situation is far from ideal and inspite of laid down laws,employers find ways to circumvent,deny,delay worker entitlements.
Now if you have the ability and funds and willingness take it up legally.
Legal systems are slow and very procedure oriented and people are scared to get caught in legal battles.
So you have to take a call.
The other angle which is of harassment.
Personally I would leave and not take up legal battles.
From India, Pune
Firstly, read the appointment clause thoroughly. If there is no mention of notice period then u are free from notice period.
Secondly, as regards harassment how many times they have issued the letter because without in writing no weight age is given for such allegations. Thus do not come under any one influence and use your own discretion on such sensitive issue.
From India, Lucknow
Secondly, as regards harassment how many times they have issued the letter because without in writing no weight age is given for such allegations. Thus do not come under any one influence and use your own discretion on such sensitive issue.
From India, Lucknow
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