Hello,
I need some clarification regarding my resignation. I have been serving my notice period. I have completed 1 year in a entry level engineer position. Now I have received an offer which is my dream job, and the joining date is 08-02-2016. I have resigned from my post on 21-01.2016. Now my HR is telling me that I should serve notice period for not less than 2 months which is not possible for me. I have stated my Notice period and Probation period clause. Please help me on how can I use these clauses and reduce my notice period. I have 14 days un-used of paid leave.
Note- I received one more appointment letter after six months because of some small change in company's operation. In the first appointment letter the Probation period clause is not at all there, where as in the 2nd appointment letter the probation clause is there as stated below.
Notice Period clause: Your services are subjected to termination at any time by giving 60 days notice in writing without assigning any reason thereof. You may also terminate your employment with us by giving us not less than 60 days notice in writing. Shortfall in notice period from the employee's side would be recovered from the employee. However under specific circumstances, with prior approval from the Manager, the shortfall may be adjusted with the un-availed paid leaves or completely waived off.
Probation Period clause: As per the terms of employment with XYZ company, you were on probation for a period of 6 months from your date of joining. You will continue to be on probation for the unexpired portion of the probation period, and XYZ company reserves the right to extend the probation period, based on your performance. On satisfactory completion of probation, we will inform you in writing whether we can confirm your appointment and you shall be deemed to be on probation until so confirmed in writing.
Please help me.
From India, Bengaluru
1I need some clarification regarding my resignation. I have been serving my notice period. I have completed 1 year in a entry level engineer position. Now I have received an offer which is my dream job, and the joining date is 08-02-2016. I have resigned from my post on 21-01.2016. Now my HR is telling me that I should serve notice period for not less than 2 months which is not possible for me. I have stated my Notice period and Probation period clause. Please help me on how can I use these clauses and reduce my notice period. I have 14 days un-used of paid leave.
Note- I received one more appointment letter after six months because of some small change in company's operation. In the first appointment letter the Probation period clause is not at all there, where as in the 2nd appointment letter the probation clause is there as stated below.
Notice Period clause: Your services are subjected to termination at any time by giving 60 days notice in writing without assigning any reason thereof. You may also terminate your employment with us by giving us not less than 60 days notice in writing. Shortfall in notice period from the employee's side would be recovered from the employee. However under specific circumstances, with prior approval from the Manager, the shortfall may be adjusted with the un-availed paid leaves or completely waived off.
Probation Period clause: As per the terms of employment with XYZ company, you were on probation for a period of 6 months from your date of joining. You will continue to be on probation for the unexpired portion of the probation period, and XYZ company reserves the right to extend the probation period, based on your performance. On satisfactory completion of probation, we will inform you in writing whether we can confirm your appointment and you shall be deemed to be on probation until so confirmed in writing.
Please help me.
From India, Bengaluru
Hello Rohith,
First of all, congratulations on getting your dream job offer. Wish you a successful career ahead.. Talking about career, it is equally important to retain good relationship with the organisation you are leaving and for that my suggestion is to talk to your manager or HR for mutual consent on the notice period waive off/ deduction of salary in lieu of notice period.
Only with mutual consent, early relieving could be possible. Further, you can request your HR to adjust your unpaid leaves to the notice period and just in case the notice period is different during probation (which does not seem to be clear in the probation or notice period clause)- that might surely help in your favour.
From India, Mumbai
First of all, congratulations on getting your dream job offer. Wish you a successful career ahead.. Talking about career, it is equally important to retain good relationship with the organisation you are leaving and for that my suggestion is to talk to your manager or HR for mutual consent on the notice period waive off/ deduction of salary in lieu of notice period.
Only with mutual consent, early relieving could be possible. Further, you can request your HR to adjust your unpaid leaves to the notice period and just in case the notice period is different during probation (which does not seem to be clear in the probation or notice period clause)- that might surely help in your favour.
From India, Mumbai
Hi,
I will come straight to the point.
1) In case you have not received any confirmation and have acknowledged it as well with your signature, you are still on probation. This means your notice period will be applicable as in probation.
2) Your notice period clause says that you may get the notice waived off/ notice adjustment with Manager's approval. You may approach your Line Manager and have a direct discussion regarding how your new job is important for your career enhancement. If agreed, your manager will approve your resignation and waive off your notice. HR will not conflict this approved resignation.
3) Even in case your manager does not waive off your notice, you may request him to at least allow you to adjust it against your paid leave. If done, HR will have to adjust your leave in the notice period.
4) In case of leave adjustment, if your notice is covered completely, you may simply request for your relieving letter as per your company policy. In case of any recovery amount, you may pay the balance as a part of your F&F settlement. The clause directly says: Shortfall in notice period from the employee's side would be recovered from the employee
5) Please remember, company HR can't force any employee to stick to the company- no matter what. In case the employee can't stick for some valid reason, he/she may pay the recovery amount, that needs to be accepted by the company's HR & Finance department.
Hope i could answer your query.
Regards
Mansi Sharma
From India, Delhi
I will come straight to the point.
1) In case you have not received any confirmation and have acknowledged it as well with your signature, you are still on probation. This means your notice period will be applicable as in probation.
2) Your notice period clause says that you may get the notice waived off/ notice adjustment with Manager's approval. You may approach your Line Manager and have a direct discussion regarding how your new job is important for your career enhancement. If agreed, your manager will approve your resignation and waive off your notice. HR will not conflict this approved resignation.
3) Even in case your manager does not waive off your notice, you may request him to at least allow you to adjust it against your paid leave. If done, HR will have to adjust your leave in the notice period.
4) In case of leave adjustment, if your notice is covered completely, you may simply request for your relieving letter as per your company policy. In case of any recovery amount, you may pay the balance as a part of your F&F settlement. The clause directly says: Shortfall in notice period from the employee's side would be recovered from the employee
5) Please remember, company HR can't force any employee to stick to the company- no matter what. In case the employee can't stick for some valid reason, he/she may pay the recovery amount, that needs to be accepted by the company's HR & Finance department.
Hope i could answer your query.
Regards
Mansi Sharma
From India, Delhi
Hi,
In case the confirmation letter has been given and acknowledged as well, the notice period of 3 months will be valid, no matter it was not mentioned in the appointment letter. This is because, the terms and conditions of Appointment/ offer letter are subjected to change with the change in company's policies or as mentioned in the addendum.
You could have raised the concern on notice period before acknowledging the confirmation copy. Once agreed from your end, you may not be able to challenge it, but either serve the notice, or adjust it with your earn leave and pay the recovery amount due. You will be relieved once there is no due from your end.
Regards
Mansi
From India, Delhi
In case the confirmation letter has been given and acknowledged as well, the notice period of 3 months will be valid, no matter it was not mentioned in the appointment letter. This is because, the terms and conditions of Appointment/ offer letter are subjected to change with the change in company's policies or as mentioned in the addendum.
You could have raised the concern on notice period before acknowledging the confirmation copy. Once agreed from your end, you may not be able to challenge it, but either serve the notice, or adjust it with your earn leave and pay the recovery amount due. You will be relieved once there is no due from your end.
Regards
Mansi
From India, Delhi
Thanks so much Mansi Mam!
I also want to know that I had completed 4 years and 250 days in organization and as per Supreme Court's decision I am eligible to get gratuity amount that I want to adjust towards Notice Period along with Leave Encashment for which the employer is not agreeing. The employer told that you should have completed 5 years to get entitled for the claim. Please suggest an option.
From India, Pune
I also want to know that I had completed 4 years and 250 days in organization and as per Supreme Court's decision I am eligible to get gratuity amount that I want to adjust towards Notice Period along with Leave Encashment for which the employer is not agreeing. The employer told that you should have completed 5 years to get entitled for the claim. Please suggest an option.
From India, Pune
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