hi,
Recently, due to personal reasons i have resigned my job. In my resignation letter, i have mentioned that i am ready to serve the 2 months of notice period as per the company policy. But management have accepted my resignation, then and there and told me that i do not need to serve the notice period and can leave effective from next day.
when i joined, my offer letter says the below given point.
" Incase of you leaving the service of the company after confirmation; you shall do so only after giving one month notice in writing. The company also reserves the right to terminate your service with one month's notice or salary in lieu thereof."
In my case, i was ready to serve the notice period , but company informed me to leave effectively from next day. In this case, am i eligible to get the one month salary from my employer?
Please advise.
From India, Thiruvananthapuram
Recently, due to personal reasons i have resigned my job. In my resignation letter, i have mentioned that i am ready to serve the 2 months of notice period as per the company policy. But management have accepted my resignation, then and there and told me that i do not need to serve the notice period and can leave effective from next day.
when i joined, my offer letter says the below given point.
" Incase of you leaving the service of the company after confirmation; you shall do so only after giving one month notice in writing. The company also reserves the right to terminate your service with one month's notice or salary in lieu thereof."
In my case, i was ready to serve the notice period , but company informed me to leave effectively from next day. In this case, am i eligible to get the one month salary from my employer?
Please advise.
From India, Thiruvananthapuram
Dear essa
There is a catch here. You offered to resign after serving two month notice period as per your letter of appointment but the company wants to use it's discretion to waive the notice period and wants you to leave the service from the next day, probably to avoid paying salary for two months. you have not much to complain against the comapny. If you want the company to pay you the two months salary, it can do so only when it does not accept your resignation but terminates you without notice. Thus you may run the risk of your resignation being turned into termination which I feel shouldld be avoided in the interest of your career.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
54There is a catch here. You offered to resign after serving two month notice period as per your letter of appointment but the company wants to use it's discretion to waive the notice period and wants you to leave the service from the next day, probably to avoid paying salary for two months. you have not much to complain against the comapny. If you want the company to pay you the two months salary, it can do so only when it does not accept your resignation but terminates you without notice. Thus you may run the risk of your resignation being turned into termination which I feel shouldld be avoided in the interest of your career.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 09930532927
From India, Mumbai
Dear Essa,
1. Are you a confirmed staff.
2. whether you have been asked to resign by the company earlier.
3. whether they have given you any extension of probation / performance target.
4. whether you have been offered by some other company.
Normally any company will not leave the employee if he resigns for various factors like new recruitment, hand over, clearing dues, retaining etc.(mostly they dont want the employee to move out happily(just kidding but that is the real fact in many companies))
Hope your's is proprietorship company
Since you have been asked to leave immediately either your performance (Dont take it personal) is not good or not matching their requirement or they are having cost saving ( Reducing Manpower) or they think why to keep a person who has resigned(Most properitorship company does)
But any way you are eligible for your notice period amount.
If you have been offered by some company then you can complain to the labour department by showing your DOJ and notice period. see to it that you have the minimum 1 month as your DOJ. Also request the new company to make your DOJ earlier.(If you are not willing to go legally with your present employer.
If you have resigned the job without any offer then you can send a legal notice / complain to labour department for getting your notice period amount.
From India, Mumbai
1. Are you a confirmed staff.
2. whether you have been asked to resign by the company earlier.
3. whether they have given you any extension of probation / performance target.
4. whether you have been offered by some other company.
Normally any company will not leave the employee if he resigns for various factors like new recruitment, hand over, clearing dues, retaining etc.(mostly they dont want the employee to move out happily(just kidding but that is the real fact in many companies))
Hope your's is proprietorship company
Since you have been asked to leave immediately either your performance (Dont take it personal) is not good or not matching their requirement or they are having cost saving ( Reducing Manpower) or they think why to keep a person who has resigned(Most properitorship company does)
But any way you are eligible for your notice period amount.
If you have been offered by some company then you can complain to the labour department by showing your DOJ and notice period. see to it that you have the minimum 1 month as your DOJ. Also request the new company to make your DOJ earlier.(If you are not willing to go legally with your present employer.
If you have resigned the job without any offer then you can send a legal notice / complain to labour department for getting your notice period amount.
From India, Mumbai
Dear Essa,
As per terms of your employment you are required to give one month notice before leaving the company or pay salary in lieu there of. Organisation has the right to waive off the notice period and accept your resignation and relieve you any day.
In other example, Organisation is required to give month notice or pay salry in lieu there of before terminating your service. In such circumstances, You (employee) have the choice to accept this notice or leave company before completing notice period. If a company has terminated services of an employee and given notice of one month, employee can ask for early relieving as company has already taken decision and it is not initiated by the employee.
In my opinion, you can not claim for any thing on the company. Legally ther are safe.
Regards,
Lokender
From India, Gurgaon
As per terms of your employment you are required to give one month notice before leaving the company or pay salary in lieu there of. Organisation has the right to waive off the notice period and accept your resignation and relieve you any day.
In other example, Organisation is required to give month notice or pay salry in lieu there of before terminating your service. In such circumstances, You (employee) have the choice to accept this notice or leave company before completing notice period. If a company has terminated services of an employee and given notice of one month, employee can ask for early relieving as company has already taken decision and it is not initiated by the employee.
In my opinion, you can not claim for any thing on the company. Legally ther are safe.
Regards,
Lokender
From India, Gurgaon
Dear Essa,
It is very simple... you have recieved offer from company with clause on 2 months salary in lieu thereof then you need to ask the company to pay you 2 month salary else you have rights to take legal action...
From India, Visakhapatnam
It is very simple... you have recieved offer from company with clause on 2 months salary in lieu thereof then you need to ask the company to pay you 2 month salary else you have rights to take legal action...
From India, Visakhapatnam
Dear Essa Brother,
what your thinking it is not right since in your case your company has done you favoured by releaving you on the date of your resignation so that you could join early in next job ( i hope so). otherwise you could clarify your company before releaving.In some cases if the employee is not key person for their business they are considering/accepting Resignation on same day. So my advice dont go to any labour authorities as suggested somebody to do so. I some cases one should over look clauses of agreement for mutual benifit, othewise in this world sustaining is not easy.
I hope this advice your taking possitively!!
With Regards.
valli Basha Sab.
From India, Hubli
what your thinking it is not right since in your case your company has done you favoured by releaving you on the date of your resignation so that you could join early in next job ( i hope so). otherwise you could clarify your company before releaving.In some cases if the employee is not key person for their business they are considering/accepting Resignation on same day. So my advice dont go to any labour authorities as suggested somebody to do so. I some cases one should over look clauses of agreement for mutual benifit, othewise in this world sustaining is not easy.
I hope this advice your taking possitively!!
With Regards.
valli Basha Sab.
From India, Hubli
Dear Essa,
If your appointment letter clearly specifies notice period two months or salary in lieu from either side, but at the same time the employer at his own discretion waived the notice period without any request from your end, then he is legally bound to pay the notice period pay to you. As HR professionals we should know our rights first, then only we can stand for justice to our profession and act as balaced persons. Satheesh
From India, Delhi
If your appointment letter clearly specifies notice period two months or salary in lieu from either side, but at the same time the employer at his own discretion waived the notice period without any request from your end, then he is legally bound to pay the notice period pay to you. As HR professionals we should know our rights first, then only we can stand for justice to our profession and act as balaced persons. Satheesh
From India, Delhi
Dear friend it is clearly stated in you appointmebt letter if u wana leve the company u need to give a notice. But in case company accepts ur notice and terminates ur appointment they have to pay you one omnth salary. In case if u want to leave the job with immediate effect then you have to deposit one month pay to the company. Therefore u can claim legally claim your salary for the said period from the company.
From India, Ludhiana
From India, Ludhiana
Dear Essa,
Company can be legally liable to pay Notice pay when it terminates you. If you have rseigned on your own accord it lies with only company to accept your resignation with immediate effect or prolong your relieving to entre notice period.If you serve entire notice period then you will be paid for the same only.
J.N. Singh
From India, Hyderabad
Company can be legally liable to pay Notice pay when it terminates you. If you have rseigned on your own accord it lies with only company to accept your resignation with immediate effect or prolong your relieving to entre notice period.If you serve entire notice period then you will be paid for the same only.
J.N. Singh
From India, Hyderabad
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