I have resigned from my job at the manager level with a required notice period of 90 days, and my Head of Department (HOD) has waived off my notice period. Kindly advise me on whether I will be paid for the waived notice period of 90 days or not.
From India, Chandigarh
From India, Chandigarh
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Waiver of notice period means you need not work for 90 days, and you will be relieved with immediate effect. Then how can you get a salary for 90 days? How can you demand a salary for the days you have not worked? Relieving is by waiving the notice period as requested by you. If, on the other hand, you are prepared to serve 90 days from the date of resignation but the HOD wants you to be relieved immediately, then it is okay for the company to pay you 90 days' salary.
Madhu.T.K
From India, Kannur
4483Madhu.T.K
From India, Kannur
Madhu is right. You are not eligible to get salary for the period not worked/served. Pon
From India, Lucknow
From India, Lucknow
Dear Raaj,
With reference to the employment terms and conditions, if an employee has resigned and is ready to serve the notice period, then he is eligible for the salary of the notice period from the employer. However, as Madhu pointed out, I completely agree with him when he stated, "How can you demand a salary for the days when you have not worked?"
Nevertheless, the choice is yours...
Regards,
Janardan
From India, Mumbai
With reference to the employment terms and conditions, if an employee has resigned and is ready to serve the notice period, then he is eligible for the salary of the notice period from the employer. However, as Madhu pointed out, I completely agree with him when he stated, "How can you demand a salary for the days when you have not worked?"
Nevertheless, the choice is yours...
Regards,
Janardan
From India, Mumbai
Dear Mr. Verma,
Your concept is wrong. As a matter of fact, you must be thankful to your HOD who has waived off your notice period and relieved you with immediate effect. Waiving the notice period is at the discretion of the management. However, as per the service conditions stipulated in your appointment order, either party should serve the notice or provide salary in lieu of the notice period. In your case, you are lucky, and you must be grateful to your HOD. Don't expect anything more; take your final settlement and be happy in your life wherever your fortune takes you.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
Your concept is wrong. As a matter of fact, you must be thankful to your HOD who has waived off your notice period and relieved you with immediate effect. Waiving the notice period is at the discretion of the management. However, as per the service conditions stipulated in your appointment order, either party should serve the notice or provide salary in lieu of the notice period. In your case, you are lucky, and you must be grateful to your HOD. Don't expect anything more; take your final settlement and be happy in your life wherever your fortune takes you.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
Can any one advise me about the Confidentiality Agreement for A Private Limited company.
From India, Mumbai
From India, Mumbai
Dear Pournima,
Confidentiality is a broad term which may be provided with or come in contact with or create certain proprietary and confidential information in said appointment letter.
It can include written, oral, documentary, visual, or other information, including but not limited to drawings, formulas, processes, specifications, photographs, documents, breadboards, samples, models, machines, tools, software/hardware, machine-readable media of any kind, and other information submitted hereunder, including business information, customer lists and details, customer information, business strategy, know-how, trade secrets, business strategy, etc., of the Company and/or any of its holding company(ies), subsidiaries, affiliates, customers, officers, employees, directors, consultants, and/or advisors. This includes information marked proprietary, confidential, or the equivalent, or which the Company indicates in writing or verbally at the time of transmittal to anyone receiving such information, including you. Any information that may reasonably be considered proprietary, confidential, or the equivalent.
Proprietary and Confidential Information also includes notes, extracts, analyses, or materials prepared by the Company and/or any of its holding company(ies), subsidiaries, affiliates, customers, officers, employees, directors, consultants, and/or advisors in possession of the disclosing party. These are copies of or derivative works of pay.
Regards,
Janardan
From India, Mumbai
Confidentiality is a broad term which may be provided with or come in contact with or create certain proprietary and confidential information in said appointment letter.
It can include written, oral, documentary, visual, or other information, including but not limited to drawings, formulas, processes, specifications, photographs, documents, breadboards, samples, models, machines, tools, software/hardware, machine-readable media of any kind, and other information submitted hereunder, including business information, customer lists and details, customer information, business strategy, know-how, trade secrets, business strategy, etc., of the Company and/or any of its holding company(ies), subsidiaries, affiliates, customers, officers, employees, directors, consultants, and/or advisors. This includes information marked proprietary, confidential, or the equivalent, or which the Company indicates in writing or verbally at the time of transmittal to anyone receiving such information, including you. Any information that may reasonably be considered proprietary, confidential, or the equivalent.
Proprietary and Confidential Information also includes notes, extracts, analyses, or materials prepared by the Company and/or any of its holding company(ies), subsidiaries, affiliates, customers, officers, employees, directors, consultants, and/or advisors in possession of the disclosing party. These are copies of or derivative works of pay.
Regards,
Janardan
From India, Mumbai
Dear Team,
My question is regarding the notice period waiver. I worked with a private bank, and my notice period was 90 days, but I am in need of early relieving. I have already discussed this with my boss, and he has accepted my request for early relieving. However, the HR department is not providing me with the relieving letter and is claiming recovery against my notice period. I have all emails regarding the acceptance of my resignation, but they are declining it. I do not have the money to pay for the recovery, so my only option seems to be taking a legal route.
Kindly assist me.
Regards,
Vaibhav
From India, undefined
My question is regarding the notice period waiver. I worked with a private bank, and my notice period was 90 days, but I am in need of early relieving. I have already discussed this with my boss, and he has accepted my request for early relieving. However, the HR department is not providing me with the relieving letter and is claiming recovery against my notice period. I have all emails regarding the acceptance of my resignation, but they are declining it. I do not have the money to pay for the recovery, so my only option seems to be taking a legal route.
Kindly assist me.
Regards,
Vaibhav
From India, undefined
Hope this is a new case though it seems to be the same one posted by Raajverma in July for which we did not receive any feedback from the thread opener.
Vaibhav wants to go legal. What legal steps can you take? You agreed to the 3-month notice period clause in your appointment order. You agreed to it at that time because you were jobless and wanted employment. The bank made you employable by providing training, and now that you have become employable, you have found a new job and want to leave the bank. It's understood that the HOD is willing to relieve you, but matters like recovery are not under the HOD's purview; they are policy issues and will be handled by HR only. Therefore, if HR has informed you that you should pay 2 months' notice pay and any shortfall in the notice period pay, you are required to pay it.
If you have been working in the bank in a capacity similar to that of a worker, you can potentially take the matter to the labor court. Depending on the terms and conditions outlined in the Long Term Settlement or the Standing Orders, you may win the case. However, be prepared for a lengthy legal process; it could take at least five years to reach a verdict.
When your current employer learns that you are in a dispute with your former organization, there is a possibility that you may also become a target for your present employer. While it's relatively easy to file a lawsuit against an employer, the consequences may be long-lasting or never-ending.
If you wish to proceed further, please provide information about your designation or functional capacity in the bank, whether you had employees reporting to you, whether you were bound by any Long Term Settlement allowing you to resign from the bank in 30 days, and whether the company you are joining is your own organization, thereby avoiding background verification by the employer.
Madhu.T.K
From India, Kannur
Vaibhav wants to go legal. What legal steps can you take? You agreed to the 3-month notice period clause in your appointment order. You agreed to it at that time because you were jobless and wanted employment. The bank made you employable by providing training, and now that you have become employable, you have found a new job and want to leave the bank. It's understood that the HOD is willing to relieve you, but matters like recovery are not under the HOD's purview; they are policy issues and will be handled by HR only. Therefore, if HR has informed you that you should pay 2 months' notice pay and any shortfall in the notice period pay, you are required to pay it.
If you have been working in the bank in a capacity similar to that of a worker, you can potentially take the matter to the labor court. Depending on the terms and conditions outlined in the Long Term Settlement or the Standing Orders, you may win the case. However, be prepared for a lengthy legal process; it could take at least five years to reach a verdict.
When your current employer learns that you are in a dispute with your former organization, there is a possibility that you may also become a target for your present employer. While it's relatively easy to file a lawsuit against an employer, the consequences may be long-lasting or never-ending.
If you wish to proceed further, please provide information about your designation or functional capacity in the bank, whether you had employees reporting to you, whether you were bound by any Long Term Settlement allowing you to resign from the bank in 30 days, and whether the company you are joining is your own organization, thereby avoiding background verification by the employer.
Madhu.T.K
From India, Kannur
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Legal Notice for Breach of Notice Period .docx