Hi,
I want your help with the matter mentioned below. My organization requires its employees to serve a 2-month notice period. An employee wants to serve only 1 month and does not want to pay for the remaining one month. He has not had any performance or behavioral issues throughout his work tenure.
In this case, can the organization proceed to raise a job abandonment concern for the employee after one month of the notice period? Additionally, it would be really helpful if you could direct me to the section of Indian Labor Law that covers this topic.
Regards,
Amit
From India, Pune
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I want your help with the matter mentioned below. My organization requires its employees to serve a 2-month notice period. An employee wants to serve only 1 month and does not want to pay for the remaining one month. He has not had any performance or behavioral issues throughout his work tenure.
In this case, can the organization proceed to raise a job abandonment concern for the employee after one month of the notice period? Additionally, it would be really helpful if you could direct me to the section of Indian Labor Law that covers this topic.
Regards,
Amit
From India, Pune
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Nothing much can be done in this regards, the only option available is that you can mention the same in the Service certificate that Notice Period not fulfilled. But wait for other seniors to respond
From India, Ahmadabad
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787From India, Ahmadabad
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This is not a case of absconding, the employee resigned and gave short notice, for which the employer can claim an amount as a penalty as per the penalty clause mentioned in the Appointment Letter/Service Book. However, the employer cannot refuse the Service Certificate, in my view.
From India, Ahmadabad
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From India, Ahmadabad
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Sir, I have experience from my previous job where an employee resigned, and his resignation was accepted. His notice period was for 3 months, but he left after completing only one month. We refused to provide a service certificate, leading him to file a complaint with the GLO. As a result, we were instructed to deduct the notice period pay from his final and full settlement. However, he cannot be denied a service tax certificate for his 15 years of service to the company.
I appreciate your practice and knowledge. I am not against your perspective; however, I hope you will also acknowledge the difference in opinions/views. I have expressed my viewpoint.
From India, Ahmadabad
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I appreciate your practice and knowledge. I am not against your perspective; however, I hope you will also acknowledge the difference in opinions/views. I have expressed my viewpoint.
From India, Ahmadabad
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Saji,
As you will notice, I didn't dispute your statement. I asked whether it was based on practice or law. It was a question, not a sarcastic remark that you seem to have interpreted it as. I am always open to learning new things or being corrected. I have no problem with that.
So, I would like an answer to my original question (if you still have access to the data). Which act or rule applies under which your previous organization was forced to give a service certificate (your PC seems to have autocorrected that to service tax) when you were not willing to do that. I would like to know (as will others reading the thread) what section or rule to beware of.
From India, Mumbai
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As you will notice, I didn't dispute your statement. I asked whether it was based on practice or law. It was a question, not a sarcastic remark that you seem to have interpreted it as. I am always open to learning new things or being corrected. I have no problem with that.
So, I would like an answer to my original question (if you still have access to the data). Which act or rule applies under which your previous organization was forced to give a service certificate (your PC seems to have autocorrected that to service tax) when you were not willing to do that. I would like to know (as will others reading the thread) what section or rule to beware of.
From India, Mumbai
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My sincere apology for the typo error.
Sir with due respect I have not taken your remarks sarcastically, but I do respect and appreciate your views/remarks/statement in CITE HR
With regards to the query I do not have the access to the data for the GLO's letter, but recall few points as under
1) Employer has the right to waive of the Notice period unbiased
2) Payment in lieu of Notice Period
3) Counter Notice :- wherein an employee can give a counter-notice to leave on an earlier date than the employer’s. In practical terms employer cannot force an employee to work the notice period. But can be called upon for any handover/information/clarification with mutual consent of the employee.
From India, Ahmadabad
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Sir with due respect I have not taken your remarks sarcastically, but I do respect and appreciate your views/remarks/statement in CITE HR
With regards to the query I do not have the access to the data for the GLO's letter, but recall few points as under
1) Employer has the right to waive of the Notice period unbiased
2) Payment in lieu of Notice Period
3) Counter Notice :- wherein an employee can give a counter-notice to leave on an earlier date than the employer’s. In practical terms employer cannot force an employee to work the notice period. But can be called upon for any handover/information/clarification with mutual consent of the employee.
From India, Ahmadabad
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Hi Sir,
I need your urgent help. I am working as a Software Engineer in Pune for an IT firm and have completed almost 3 years. I am working at the client site in Pune, whereas my company is located in Bangalore. About a month ago, our client asked me to go for a certification that cost around 1.5 Lakhs, and the same was paid by the client. There were 10 people, including myself, who got certifications. There was no bond, commitment, or even verbal communication before the certification by the employer, such as not being able to leave before 1 year or 6 months. We only found out at the last moment that we would be getting certifications.
After receiving the certification, I got a good opportunity in a reputable MNC, so I submitted my resignation at my current company. Now, my current employer is stating that because I had gone for the certification, they cannot accept my resignation for 1 year. I informed them that there was no bond, and if that was a condition, they should have informed me beforehand. They are now causing me mental harassment. I offered to pay them half the cost of the certification, but they did not agree. They have now imposed a condition on me that I have to pay the full amount of the certification as well as serve a 3-month notice period, or they will not release me. I argued that if I have to serve a 3-month notice period, why should I pay.
I also informed them that I will take legal action and go to court. They responded by saying that if I pursue legal action, it could take around 10 years to resolve the case, and my career will be ruined. I would like to know what kind of legal action I can take against them. Can I file a case against them in the Pune labor court, or should I go to the Bangalore labor court since the company is based in Bangalore?
From India, Kaul
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I need your urgent help. I am working as a Software Engineer in Pune for an IT firm and have completed almost 3 years. I am working at the client site in Pune, whereas my company is located in Bangalore. About a month ago, our client asked me to go for a certification that cost around 1.5 Lakhs, and the same was paid by the client. There were 10 people, including myself, who got certifications. There was no bond, commitment, or even verbal communication before the certification by the employer, such as not being able to leave before 1 year or 6 months. We only found out at the last moment that we would be getting certifications.
After receiving the certification, I got a good opportunity in a reputable MNC, so I submitted my resignation at my current company. Now, my current employer is stating that because I had gone for the certification, they cannot accept my resignation for 1 year. I informed them that there was no bond, and if that was a condition, they should have informed me beforehand. They are now causing me mental harassment. I offered to pay them half the cost of the certification, but they did not agree. They have now imposed a condition on me that I have to pay the full amount of the certification as well as serve a 3-month notice period, or they will not release me. I argued that if I have to serve a 3-month notice period, why should I pay.
I also informed them that I will take legal action and go to court. They responded by saying that if I pursue legal action, it could take around 10 years to resolve the case, and my career will be ruined. I would like to know what kind of legal action I can take against them. Can I file a case against them in the Pune labor court, or should I go to the Bangalore labor court since the company is based in Bangalore?
From India, Kaul
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is there any suggestion on this matter..? as this is really critical..
From India, Kaul
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From India, Kaul
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Hi Vaibhav,
What are your options now? Have you discussed the same with your existing company and explained the scenario? What is their take on this? If there is no bond or written commitment, then there's no way the company can hold back your relieving subject to a proper resignation process initiated by you.
Also, try to talk to your current company on a softer note and try to reach a mutually agreed parting. You must understand that the company feels ditched too. Talk it out.
From India, Mumbai
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What are your options now? Have you discussed the same with your existing company and explained the scenario? What is their take on this? If there is no bond or written commitment, then there's no way the company can hold back your relieving subject to a proper resignation process initiated by you.
Also, try to talk to your current company on a softer note and try to reach a mutually agreed parting. You must understand that the company feels ditched too. Talk it out.
From India, Mumbai
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Hi all,
I have read all the responses regarding the notice period. I am also facing the same problem and still do not have a clear solution. My friend works in an MNC, and his notice period is 3 months. He does not want to serve the full 3 months, so what reason can he provide to the organization? According to his company policy, he is not allowed to buy out the notice period. However, he is unable to fulfill the 3-month notice period.
Please can somebody offer some assistance here?
From United States, Melville
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I have read all the responses regarding the notice period. I am also facing the same problem and still do not have a clear solution. My friend works in an MNC, and his notice period is 3 months. He does not want to serve the full 3 months, so what reason can he provide to the organization? According to his company policy, he is not allowed to buy out the notice period. However, he is unable to fulfill the 3-month notice period.
Please can somebody offer some assistance here?
From United States, Melville
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