My colleague Tanya served a 15 day notice period, instead of a 30 day, her organization stated that this is not allowed, in spite of her compensating them for it, and they have ceased her relieving letter, and considered her case absconding in spite of her telling them in advance and leaving the company, she had mentioned this on her mail while she sent her resignation, she needed to get married and relocate, please advise what course of action does she need to take?
From India, Hyderabad
From India, Hyderabad
You have mentioned that she has compensated for the 15 days of notice shortage which she has served. In what way has she compensated for the same?As she has not served the complete notice period, the company has a right to hold the relieving letter. But if she has left the company on a mutual understanding wherein she has forgone the 15 days of salary for which she has worked for then she is entitled to receive the relieving letter and you might need to get some legal advise to take this further.
From India, Bangalore
12From India, Bangalore
hi can an employee ask about his appraisal directly to his manager, or shall he wait till the performance interview by manager regards, vivek
From India, Mumbai
From India, Mumbai
Dear Raven,
She is totally entitled for relieving letter if she has given 15 days salary in lieu of the short notice served. She can contact the local labour commissioner's office if the company totally refuses to give her so, as the reason of her leaving the service is a very genuine one. However firstly she should talk to HR or escalate the issue within the company if HR do not respond to her request.
From India, New Delhi
She is totally entitled for relieving letter if she has given 15 days salary in lieu of the short notice served. She can contact the local labour commissioner's office if the company totally refuses to give her so, as the reason of her leaving the service is a very genuine one. However firstly she should talk to HR or escalate the issue within the company if HR do not respond to her request.
From India, New Delhi
Hi All, thanks for the advise, Ok here is what happened, Tanya, tols her employers that she is leaving and she stated that she can serve 15 days and not a month, her employers are forcing her to serve a months notice period stating that her marriage is two days affair and she should return to work, she stated that she is willing to compensate the company her entire months salary, now these people told her that if she does not serve her notice period, they will consider her as absconding, point # 2, since she put down her papers, there has been no one who has been assigned to her, for her to hand over her work. The company slept through the 14 days and now they tell her if she leaves she will be termed absconding and they will issue a legal action against her. Now tell me is this even possible? isn't this illegal and cheating an employee............. she served in this organization for 5 years
From India, Hyderabad
From India, Hyderabad
Frankly, no proper advice could be possibly given in this case, unless, the relevant clause on terminationof contract of employment/ resignation by employee contained in the offer of employment or concerned terms and conditions of service is not referred to.
If you require a legal advise, please furnish that.
From India, Pune
If you require a legal advise, please furnish that.
From India, Pune
kindly refer to her appt.order, if mentioned either 30 days of notice or 30days notice pay agreed by both employee & employer mentioned in the relevant clause on termination of contract of employment/ resignation by employee, im sure she can pay for the deficit notice of 15 days & leave.
there are some companies, even if you abscond they call & request you to pay the notice period pay & will provide relieving letters stating "the notice period served and notice period paid " along with full & final settlement .
but as a employee you should be sure that you should handover all your responsibilities, before you leave, or inform the company that you may be contacted through phone/mail , which will enhance a smooth relieving.
Satish.K
From India, Coimbatore
there are some companies, even if you abscond they call & request you to pay the notice period pay & will provide relieving letters stating "the notice period served and notice period paid " along with full & final settlement .
but as a employee you should be sure that you should handover all your responsibilities, before you leave, or inform the company that you may be contacted through phone/mail , which will enhance a smooth relieving.
Satish.K
From India, Coimbatore
Dear Raven,
I have my sympathy with your friend, however it all depends upon the post she would be working on, as to what amount of time is needed to give a proper handover. Although there is also wrong on the part of company too wherein they have not tried to arrange for someone who could take a proper handover from her. In any case if it is not at possible for your friend Tanya to give handover post marriage she should surrender 15 days salary as suggested above by me and if they do not give the relieving letter to her she may take the step to contact the local labour commissioner. However i would advise to give a proper handover if it is at all possible not because of compulsion but to keep harmonious relations.
From India, New Delhi
I have my sympathy with your friend, however it all depends upon the post she would be working on, as to what amount of time is needed to give a proper handover. Although there is also wrong on the part of company too wherein they have not tried to arrange for someone who could take a proper handover from her. In any case if it is not at possible for your friend Tanya to give handover post marriage she should surrender 15 days salary as suggested above by me and if they do not give the relieving letter to her she may take the step to contact the local labour commissioner. However i would advise to give a proper handover if it is at all possible not because of compulsion but to keep harmonious relations.
From India, New Delhi
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