sanjeev 08 December 2016

Clarification on notice period

Hi, Assist me with few clarifications.
I am HR with an IT company in noida, UP (for 3+ years) and my duties involve handling employee ife cycle/HR support work.
I have resigned 10 days ago and company notice period is 2 months, i have got another job and want to leave within 10 days. I have given the revert knowledge transfer to team and have emails documented with the confirmation from knowledge transfer receiver that they can handle the process but HR head is creating road blocks and not ready to relieve early.

My appointment letters notice clause "you can resign from the services of the company at any time by giving 8 weeks notice or 10% of annual salary in lieu thereof. However its at sole discretion of the company"

as per my designation and nature of duties shall i be covered by the definition of 'Employee' as in the Act and as ' employee's in the ID Act? I just want to make sure The ID Act does not lay down any notice period for employee because The contract of employment i have is NOT equitable but only at EMPLOYER discretions.

I have already soft spoken and requested Head HR and they are not ready to relieve.

Is there anything in my favor which bound the employer to release me?

i have just this reference link of Uttar pradesh Dookaan and Vanijya adhishthan Adhiniyam
https://uplabour.gov.in/MediaGallery/Uttar%20Pradesh%20Dookan%20Aur%20Vanijya%20,%201962.pdf

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5 Replies

Kumar Doab (FIN) 08 December 2016

Repeated Query.

Don't repeat.

Kumar Doab (FIN) 08 December 2016

https://www.lawyersclubindia.com/forum/Want-to-get-early-relieving-from-employer-144737.asp

https://www.lawyersclubindia.com/forum/Options-to-getting-early-relieving-with-employer-141860.asp

https://www.lawyersclubindia.com/forum/Clause-for-medical-leave-at-notice-period-142109.asp

https://www.lawyersclubindia.com/forum/Notice-period-under-employment-law-144747.asp

https://www.lawyersclubindia.com/forum/Employer-not-releasing-gratuity-144779.asp

Kumar Doab (FIN) 08 December 2016

You may spend quality time in person with a very able counsel specializing in Labor/service matters.

dr g balakrishnan (advocate/counsel supreme court) 08 December 2016

fact here is one is legal and another is discretionary.

legally you shall give 8 weeks notice if not 10% salary you might surrender; other is discretionary of the HOD. You ought to know the difference; ;legal means you can give Notice; and move a court of competent jurisdiction; discretionary does talk about willingness that is the word of contract - oral r written;

so in the second case there is nothing legal but just willingness that need to be talked about between you and your HOD, that is all

Kumar Doab (FIN) 08 December 2016

A circular clarifying that employees within the IT sector are “workmen” covered under the Industrial Disputes Act 1947 (ID Act) , has been issued by the government of Tamil Nadu.

However in your case; as already posted in many threads initiated by you: you need to ascertain within the purview of enactments that are applicable to your establishment and your nature of duties, on record.

You may, therefore, downlaod all record while in employment, that shows you are covered by the definitions as in Act(s).

You may spend quality time in person with a very able counsel specializing in Labor/service matters.