ankur (Design Engineer) 26 April 2013

Reliving before notice period

Hi,

I am working in some XYZ company. Notice period for leaving job is 3 months or salary in liew of that. But now company is not accepting 3 months salary for early reliving.

I want to be relieved early for continuation of my higher studies.

Resignation procedures mentions

"On confirmation, either party may severe the relationship by giving a written notice of 90 days or payment of consolidated salary in lieu of notice.

The company reserves the right to release you from serving the notice period either fully or in part. If relieved prior to completion of 90 days, you will be paid up to the date of your release and recover notice pay for the unserved period. "

Does highlighted line mean that company has the right to not relieve me even when I am ready to pay salary in lieu of my notice period"

pl. help

Reply Follow

3 Replies

Kumar Doab (FIN) 27 April 2013

The statement of the compnay means that if you have tendered notice period of 90days company can relieve you even before expiry of notice period, and on the top of it it shall recover the notice pay of the balance period of notice period as well.

Companies take undue advantage of the ill informed employees.

It is felt that, as per Supreme Court of India judgement, the notice of resignation can not be accepted before the expiry of notice period.

Usually in such a cases to get approval of employee companies tender notice pay for the balance notice period.

The employee should reject such a practice and policy of the company.

If it is a commercial establishment under the Shops and Commercial Establishments Act of the state, the employee may go thru clause on

Notice of Dismissal in the Act of the state ( which may eb available on Dept. of Labor website of the state, along with contact details of Inspector and Chief Inspector) and lodge a complaint with Inspector. One of the duties of the Inspector is to ensure that FNF dues of the separated employees are paid as per the provisions of the Act on payment of wages.