Dear team,
I have a query about serving notice period.
Following is the written HR policy which is written on my appointment letter -
Notice Period - If at any time, you decide to leave the services of the Company you will be required to give at least one month's notice in writing. After submission of resignation letter, you may opt for early release, instead of serving the entire notice period, the same can be only done on written approval from the Concerned Head. In such an event the payment in lieu (last base salary) will be deducted from the dues. Company can also terminate your services by giving one month's notice or payment in lieu (last base salary).
Also, following is documented in our HR manual -
The manager can decide the last working day of the employee and communicate the same to him with cc to HR. In case, if the employee does not serve the complete notice period, then there would be PL balance adjustment for number of unserved days. In case insufficient PLs, payment in lieu deducted would take place in the final settlement.
Consider following hypothetical situation -
I decide to give written resignation on last date of the month (once salary for that month is credited). By policy I should serve one month's notice. But I want to serve only a week's notice. Can I ask for adjustment of PLs even if there is no approval of Concerned Head? I have heard that employee at time needs to pay a sum for which he /she has not served the notice period. But nowhere in the HR policy that clause is mentioned.
The life is very difficult in my organisation and one has to work for longish hours daily basis (10 to 14 hours on an average day). Am I compelled to work that way in my notice period? Or I can just leave as per official timings?
I definitely need the relieving letter from the current organisation.
Please guide.
From India, Mumbai
I have a query about serving notice period.
Following is the written HR policy which is written on my appointment letter -
Notice Period - If at any time, you decide to leave the services of the Company you will be required to give at least one month's notice in writing. After submission of resignation letter, you may opt for early release, instead of serving the entire notice period, the same can be only done on written approval from the Concerned Head. In such an event the payment in lieu (last base salary) will be deducted from the dues. Company can also terminate your services by giving one month's notice or payment in lieu (last base salary).
Also, following is documented in our HR manual -
The manager can decide the last working day of the employee and communicate the same to him with cc to HR. In case, if the employee does not serve the complete notice period, then there would be PL balance adjustment for number of unserved days. In case insufficient PLs, payment in lieu deducted would take place in the final settlement.
Consider following hypothetical situation -
I decide to give written resignation on last date of the month (once salary for that month is credited). By policy I should serve one month's notice. But I want to serve only a week's notice. Can I ask for adjustment of PLs even if there is no approval of Concerned Head? I have heard that employee at time needs to pay a sum for which he /she has not served the notice period. But nowhere in the HR policy that clause is mentioned.
The life is very difficult in my organisation and one has to work for longish hours daily basis (10 to 14 hours on an average day). Am I compelled to work that way in my notice period? Or I can just leave as per official timings?
I definitely need the relieving letter from the current organisation.
Please guide.
From India, Mumbai
What I gather from your appointment letter clause is:
If you do not want to serve notice period your concerned head has to give his consent, however if there is balance in PL this can be adjusted to relieve an employee earlier e.g..
If you resign on 30th of a month (last day) you are to be relieved at the end of following month if you serve the entire notice period.
Lets say at the time of resignation you had accrued PL of 10 days
Then you are liable to be relieved ten days earlier than the scheduled relieving date since they will adjust your PL in notice period.
Now lets say your supervisor consents to relieve you after 15 days ( and you agree to opt for pay deduction for 15 days notice period not served) you can get your PL of 10 days adjusted against your payment of notice period not served, which means you pay the balance of 30-10(PL)-15(days worked during notice)= 5days
Now lets say you want to be relieved on 5th of following month which means you are not serving notice period for 25 days for which you are liable to reimburse the company. In this case your 10 days PL will be adjusted and you have to pay only for the balance of 15 days (25-10). Of course the written consent of your department head is a must as per your letter to arrive at a last working day under all cases.
Alternatively you can choose to stick to the normal relieving dates and claim encashment in lieu of unutilised PL in your F&F settlement.
Hope this helps
From India, Delhi
27If you do not want to serve notice period your concerned head has to give his consent, however if there is balance in PL this can be adjusted to relieve an employee earlier e.g..
If you resign on 30th of a month (last day) you are to be relieved at the end of following month if you serve the entire notice period.
Lets say at the time of resignation you had accrued PL of 10 days
Then you are liable to be relieved ten days earlier than the scheduled relieving date since they will adjust your PL in notice period.
Now lets say your supervisor consents to relieve you after 15 days ( and you agree to opt for pay deduction for 15 days notice period not served) you can get your PL of 10 days adjusted against your payment of notice period not served, which means you pay the balance of 30-10(PL)-15(days worked during notice)= 5days
Now lets say you want to be relieved on 5th of following month which means you are not serving notice period for 25 days for which you are liable to reimburse the company. In this case your 10 days PL will be adjusted and you have to pay only for the balance of 15 days (25-10). Of course the written consent of your department head is a must as per your letter to arrive at a last working day under all cases.
Alternatively you can choose to stick to the normal relieving dates and claim encashment in lieu of unutilised PL in your F&F settlement.
Hope this helps
From India, Delhi
Consider that I have 20 days of PL which is not utilised.
And my department head has not approved my early release.
Can I then insist company to adjust the notice period for 20 days?
Worst case, situation, department head has not approved early release and I opt to buy out entire 30 days notice period.
Will it have any impact in getting the relieving letter?
Secondly, is employee expected to work for longish hours say 10+ even in notice period? Can I decline the work stating that I will work only for official timing or at the most one or one and half hour extra? Will it have any repercussions on relieving letter?
Your inputs will be highly appreciated.
From India, Mumbai
And my department head has not approved my early release.
Can I then insist company to adjust the notice period for 20 days?
Worst case, situation, department head has not approved early release and I opt to buy out entire 30 days notice period.
Will it have any impact in getting the relieving letter?
Secondly, is employee expected to work for longish hours say 10+ even in notice period? Can I decline the work stating that I will work only for official timing or at the most one or one and half hour extra? Will it have any repercussions on relieving letter?
Your inputs will be highly appreciated.
From India, Mumbai
For early exit to be made possible the first and foremost criteria is for Department Head to relieve you before expiry of notice period. If he doesn't I am afraid you will have to serve entire notice period and your PL will be paid along with F&F settlement.
As for long hours of work, it is always advisable to go out with a sweet taste not a bitter one. Who knows you may require your present employers help in future time. Close your eyes and have patience, do not do anything that can jeopardise your chances to get a favourable report from your present employer. Any misgivings you may have about your present employer or work conditions will dissipate with time and you will feel relaxed. Time is the greatest healer.
All the best
From India, Delhi
As for long hours of work, it is always advisable to go out with a sweet taste not a bitter one. Who knows you may require your present employers help in future time. Close your eyes and have patience, do not do anything that can jeopardise your chances to get a favourable report from your present employer. Any misgivings you may have about your present employer or work conditions will dissipate with time and you will feel relaxed. Time is the greatest healer.
All the best
From India, Delhi
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