Anonymous
14

Dear Seniors,

I left my last organization on 30th September and joined a new one on 03rd October. Due to some unbearable loss of my loved one I would like to take a break from my job. I want atleast a month's time to get over it. Currently I'm in no position to continue work and want to get relieved immediately.

On 07th of November, 2016 I'm planning to put down my papers and want to get relieved on that day itself. I have just completed one month and on probation as per the appointment letter. Except a 3 days training no such training has been done so far. I have joined as a junior level manager though nobody reports to me.

I'm ready to buy out my notice period and whatever cost the company has incurred towards giving me the training. But all I want is to get relieved.

Please don't assume that I have anything to hide or I have another job opportunity in hand. There is nothing as such. Only a break is required to get over it.

I have only two questions:

1. There is nothing written as "payment in lieu off", only "company is entitled to recover" is mentioned. So if I'm ready to pay my 1 month basic will the company relieve me and give me the relieving letter? and I need it because I have an unblemished career of 7 yrs. So I believe when I have worked for them I have a right to get a letter. Please tell me how to get a one.

2. Can company force me to serve the notice period even if I'm ready to buy out it immediately.

3. I have already submitted my expense statement last to last week, will the company pay me in FnF settlement.

The clauses in my appointment letter say:

6. PROBATION:

You will be on probation for a period of six months from the date of joining. During this period of

employment, the company reserves the right to terminate your service with immediate effect and without

assigning any reason thereof. You will continue to be on probation till your services are confirmed in writing

by the company.

7. NOTICE PERIOD:

You shall give clear one month’s notice in writing in case you desire to leave our employment. If you fail to

do so, the Company shall be entitled to recover an amount equivalent to one month’s basic salary.

Please guide me how can I get relieved. It would be of great help if somebody tells me the steps to be followed.

Thanks

From India, Kolkata
Labour Law Index
180

Your Contract is clear. Pay them one month basic salary that you must pay by a Demand Draft. Send your Resignation along with this draft through Postal Service Registered AD. They are bound to accept. Write in the letter that you are invoking this clause of contract. They must let you go.
Under west bengal shops and establishment act read along with payment of wages act. They are bound to pay your wages.
for more or call 9038911006

From India, Kolkata
Anonymous
14

Thank you very much for your guidance.
But I have a query the appointment letter doesn't mention anything about the "payment in Lieu of". only company is entitled to recover one month's basic is mentioned.
So if I put down my papers and give one month's basic as lieu of notice period will that be legal?
However I have to go to office and handover the company belongings like laptop, mobile, dongle, sim card, I card etc.
I think my resignation mail consists of following points:
1. Request to relieve on the same day
2. That I'm ready to pay one month's basic
3. That I am handing over the company belongings to Mr. XXXXX (Don't know what will happen if he doesn't take those from me)
4. That I'll complete the handover by today (Though nothing is there to hand over to)
5. Request to accept my resignation
Please let me know if I miss anything.

From India, Kolkata
haresh sarange
Dear sir/mam , please tell me how much minimum & maximum period of notice period in pay to company .
From India, Mumbai
skykaran1@gmail.com
Dear,
You have to put your resignation and explain your problem to the HR department through your HOD. It is not necessary that you have to pay the Notice Pay in lieu of Notice Period. If your problem is genuine and understand by the Management, then you can be relieved with Notice Pay/Period exemption.

From India, Bahadurgarh
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